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H. Rept. 118-88 1 (2023-06-05)

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                      118TH CONGRESS                                            REPORT
                         1st Session     HOUSE   OF  REPRESENTATIVES            118-88





                     TO  AMEND   THE  FEDERAL   SECURITIES   LAWS  TO  SPECIFY  THE  PERIODS
                       FOR  WHICH  FINANCIAL   STATEMENTS ARE REQUIRED TO BE PROVIDED
                       BY AN  EMERGING   GROWTH   COMPANY,   AND  FOR OTHER  PURPOSES



                       JUNE 5, 2023.-Committed to the Committee of the Whole House on the State of
                                          the Union and ordered to be printed



                          Mr.  MCHENRY, from the Committee on Financial Services,
                                            submitted   the  following


                                                R  E   P  O  R   T

                                              [To accompany H.R. 2608]

                                [Including cost estimate of the Congressional Budget Office]

                        The  Committee   on Financial  Services, to whom   was  referred  the
                     bill (H.R. 2608)  to amend  the  Federal securities laws  to specify the
                     periods  for which  financial statements   are required  to be provided
                     by  an  emerging   growth  company,   and  for other  purposes,  having
                     considered  the same,  reports favorably  thereon  with an  amendment
                     and  recommends that the bill   as amended do pass.
                        The amendment is as follows:
                        Strike all after the enacting clause and  insert the following:
                     SECTION 1. FINANCIAL STATEMENT REPORTING REQUIREMENTS FOR EMERGING GROWTH
                              COMPANIES.
                       (a) SECURITIES ACT OF 1933.-Section 7(a)(2) of the Securities Act of 1933 (15
                     U.S.C. 77g(a)(2)) is amended-
                           (1) in subparagraph (A), by striking and at the end;
                           (2) by redesignating subparagraph (B) as subparagraph (C); and
                           (3) by inserting after subparagraph (A) the following:
                              (B) need not present acquired company financial statements or informa-
                              tion otherwise required under section 210.3-05 or section 210.8-04 of title
                              17, Code of Federal Regulations, or any successor thereto, for any period
                              prior to the earliest audited period of the emerging growth company pre-
                              sented in connection with its initial public offering and, thereafter, in no
                              event shall an issuer that was an emerging growth company but is no
                              longer an emerging growth company be required to present financial state-
                              ments of the issuer (or acquired company financial statements or informa-
                              tion otherwise required under section 210.3-05 or section 210.8-04 of title
                              17, Code of Federal Regulations, or any successor thereto) for any period
                              prior to the earliest audited period of the emerging growth company pre-
                              sented in connection with its initial public offering; and.
                       (b) SECURITIES EXCHANGE ACT OF 1934.-Section 12(b)(1)(K) of the Securities Ex-
                     change Act of 1934 (15 U.S.C. 781(b)(1)(K)) is amended by striking firm; and in-
                     serting firm, provided that the application of an emerging growth company need
                     not present acquired company financial statements or information otherwise re-
                         39-006

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