New Form: ATS-N

In July 18, 2018, the SEC adopted new Form ATS-N, which requires alternative trading systems (ATSs) that trade National Market System (NMS) stocks to disclose information about the broker-dealer that operates the ATS, how the ATS operates, and the ATS-related activities of the Broker-Dealer Operator and its affiliates.

Form ATS-N is an EDGAR XML form with the following submission types:

• ATS-N: Initial Form ATS-N (Rule 304(a)(1)(i))
• ATS-N/MA: Material Amendment (Rule 304(a)(2)(i)(A))
• ATS-N/UA: Updating Amendment (Rule 304(a)(2)(i)(B))
• ATS-N/CA: Correcting Amendment (Rule 304(a)(2)(i)(C))
• ATS-N/OFA: Order Display and Fair Access Amendment (Rule 304(a)(2)(i)(D))
• ATS-N-C: Notice of Cessation (Rule 304(a)(3))
• ATS-N-W: Withdrawal of Form ATS-N filing

Pursuant to Rule 304, an entity seeking to operate an NMS Stock ATS must file a Form ATS-N on or after January 7, 2019. A Legacy NMS Stock ATS must file a Form ATS-N no earlier than January 7, 2019, and no later than February 8, 2019.

New Form ATS-N submission form types will be accessible on the EDGAR Filing Website or in version 4.25a of GoFiler.

Removal of Personally Identifiable Information

The following EDGAR forms were updated to remove fields that request personally identifiable information.

• The Social Security Number and Date of Birth fields will be removed from submission form types CFPORTAL, CFPORTAL/A, and CFPORTAL-W.
• The Social Security Number, Date of Birth, and Foreign ID No. fields will be removed from submission form types MA, MA-A, and MA/A.
• The Social Security Number field will be removed from submission form types MA-I and MA-I/A.

EDGAR Filer Manual Changes

The following changes were made to the EDGAR Filer Manual:

• Revised hyperlinks for accessing the EDGAR Filer Manuals on the SEC’s Public Website. (Volume I and II)
• Revised contact information for the Division of Corporation Finance and the Division of Investment Management. (Volume I and II)
• The EDGAR OnlineForms/XML Website will be renamed the EDGAR OnlineForms Website. (Volume I and II)
• Section 5.6 will be renamed “Filing Fees”. (Volume I)
• Modified content for Chapter 3 (Index to Forms) to update instructions, and include forms previously overlooked. (Volume II)
• Revised instructions for select form types for ease of understanding. (Volume II)
• Section titles in Chapter 6 (Interactive Data) of “EDGAR Filer Manual Volume II: EDGAR Filing” will be updated for readability and ease of understanding. (Volume II)

Changes were also made to include information on how to create and file the new Form ATS-N.

Other Changes

Submission form types 1-A, 1-A/A, 1-A POS, DOS, and DOS/A will be updated to rename “Income Statement Information” to “Statement of Comprehensive Income Information” in Item 1: Issuer Information.

Version 4.25a of the GoFiler family addresses these changes to EDGAR. If you need to update your version of GoFiler, use the Check for Updates function within your software. For a full list of improvements that were made for Version 4.25a, please refer to the software release notes.

Sources:

EDGAR Filer Manuals (Volume I-III) (www.sec.gov)