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Pastimes : Plastics to Oil - Pyrolysis and Secret Catalysts and Alterna -- Ignore unavailable to you. Want to Upgrade?

To: scion who wrote (146)	4/2/2010 3:31:36 PM
From: scion	Read Replies (1) \| Respond to of 53574

C. Disclosure Controls and Procedures Postings on a company’s web site also may implicate Exchange Act rules governing certification requirements relating to disclosure controls and procedures.99 Under these rules, a company’s principal executive officer and principal financial officer must certify that they are responsible for establishing and maintaining disclosure controls and procedures, that such controls and procedures have been designed to ensure that material information relating to the company is made known to them, that they have evaluated the effectiveness of the disclosure controls and procedures as of the end of a reporting period, and that they have disclosed in the company’s periodic report for that reporting period their conclusions about the effectiveness of those controls and procedures.100 As discussed above in Section I.B, we have adopted rules permitting companies to satisfy certain Exchange Act disclosure obligations by posting that information on their web sites as an alternative to providing that information in an Exchange Act report.101 If a company elects to satisfy such disclosure obligations by posting the information on its web site, disclosure controls and procedures would apply to such information because it is information required to be disclosed by the company in Exchange Act reports. Failure to make those disclosures on the company’s web site would result in an Exchange Act report being incomplete. For example, if the company failed to disclose waivers of its code of ethics on its web site, it would need to file an Item 5.05 Form 8-K; if the company failed to disclose its board policy on director attendance at the annual meeting of security holders on its web site, it would need to do so in its proxy statement.102 Hence, companies must make sure that their disclosure controls and procedures are designed to address the disclosure of such information on their web sites. sec.gov