Public companies and companies registering to go public should be aware of fee rate adjustments made by the Securities and Exchange Commission that will be effective as of October 1, 2011. We originally reported on this increase on September 6, 2011. The following fee rates will be affected by the adjustment:

  • the Section 6(b) fee rate applicable to the registration of securities,
  • the Section 13(e) fee rate applicable to the repurchase of securities and
  • the Section 14(g) fee rate applicable to proxy solicitations and statements in corporate control transactions.

How will the fee rates be adjusted?

The fee rate will decrease from $116.10 per million dollars to $114.60 per million dollars. Note that the fee rate for Section 6(b) is also used to calculate fees payable with the Annual Notice of Securities Sold Pursuant to Rule 24f-2 under the Investment Company Act of 1940.

When will the fee rate adjustments become effective?

The fee rate decrease will be effective for all filings made after 5:30 p.m., ET (or after 10:00 p.m., ET for filings pursuant to Rule 462(b)) on September 30, 2011. Filings made before those times must apply the higher fee.

What if you have questions?

For any questions or more information on these or any related matters, please contact any attorney in the firm’s corporate and securities practice group.

Additionally, the SEC announcement can be found here


This update has been prepared by Sheppard, Mullin, Richter & Hampton LLP for informational purposes only and does not constitute advertising, a solicitation, or legal advice, is not promised or guaranteed to be correct or complete and may or may not reflect the most current legal developments. Sheppard, Mullin, Richter & Hampton LLP expressly disclaims all liability in respect to actions taken or not taken based on the contents of this update.