Electronic Filing Of Transfer Agent Forms - Securities And Exchange Commission Page 35

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commercial software or for the Commission to develop more than one electronic filing
system for transfer agent forms. The Commission considered the costs of the commercial
software very carefully and chose software that we believed would best meet our needs for
the EDGARLite functionality, including ease of use and data validation, and that we believed
would be affordable for all filers. There may occasionally be upgrades to the software;
however, transfer agents would only have to purchase upgraded software if the Commission
makes changes to the EDGARLite application that use the features of the upgraded version
of the software. Transfer agents who have not filed on EDGAR before will have to train staff
to file the transfer agent forms on EDGAR, however, the EDGAR Filer Manual provides
detailed instructions for each step of the filing process. Transfer agents will also have the
option of applying for a continuing hardship exemption under Rule 202 of Regulation S-T to
file in paper format if they believe the electronic filing requirement would cause them undue
burden or expense.
For these reasons, we believe that any additional costs the electronic filing requirement may
impose on transfer agents are necessary and reasonable in order to improve and modernize the
Commission’s filing program for transfer agent forms.
C.
Small Entities Subject to the Amendments
The FRFA also discusses the effect of the proposal on transfer agents that are small entities
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under Rule 0-10(h) under the Act.
Rule 0-10(h) defines the term “small business” or “small
organization” to include any transfer agent that: (1) received less than 500 items for transfer and less
than 500 items for processing during the preceding six months (or in the time that it has been in
business, if shorter); (2) transferred items only of issuers that would be deemed "small businesses" or
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17 CFR 240.0-10(h).
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