In addition to suggesting sample, tailorable risk factors for upcoming Form 10-Q filings associated with the state of the economy, market instability, geopolitical conflicts, the ongoing pandemic, and other conditions and developments that are likely to be relevant for many companies, Goodwin’s “Form 10-Q Risk Factor Updating Considerations – Quarter Ended June 30, 2022” provides good practice guidance on how to present updated risk factor disclosure if the company chooses an “amended and restated” format (i.e., inclusion of all of the Form 10-K risk factors, including the updated or new ones). The guidance and [text alternatives] in the sample disclosures remind companies to not present risks as hypothetical if they have already occurred.
See our prior reports: “Form 10-Q Risk Factor Disclosure Updates” and “SEC Adopts Reg. S-K Amendments.”
This post first appeared in the weekly Society Alert!