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Get the free SEC Releases Form SD for Conflict Minerals Disclosure

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CLIENT UPDATE SEC RELEASES FORM SD FOR CONFLICT MINERALS DISCLOSURE NEW YORK Anne C. Meyer acme yer debevoise.com Alan H. Paley Haley debevoise.com Paul M. Model debevoise.com The SEC recently published
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How to fill out sec releases form sd

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How to Fill out SEC Releases Form SD
01
Begin by obtaining a copy of SEC Releases Form SD from the U.S. Securities and Exchange Commission (SEC) website. This form is specifically used to report certain conflict minerals disclosure under the Dodd-Frank Wall Street Reform and Consumer Protection Act.
02
Carefully read the instructions provided with the form to understand the requirements and gather all the necessary information and documentation. Ensure you have a clear understanding of the terms and definitions used in the form.
03
Start by providing your company’s legal name, address, and contact information in the appropriate sections. Make sure the information provided is accurate and up to date.
04
In Section 1 of the form, establish the period covered by the report and indicate whether this is an initial or a final report. Provide the year of the report and any relevant fiscal period information.
05
Determine whether your company is subject to the "reasonable country of origin inquiry" requirement or the more comprehensive "due diligence" requirement. Depending on the outcome, you will need to complete the relevant sections of the form accordingly.
06
In Section 2, disclose whether your company is required to file a Conflict Minerals Report (CMR) as part of its due diligence obligations. Specify the reasons for not filing a CMR, if applicable.
07
Proceed to Section 3, where you will need to provide a brief description of the measures your company has taken to exercise due diligence on the source and chain of custody of the conflict minerals covered by the report.
08
Indicate in Section 4 whether any additional due diligence measures were performed, and provide a description of those measures, if applicable.
09
In Section 5, disclose any products manufactured or contracted to be manufactured that have been found to be DRC conflict undeterminable or not conflict-free during the reporting period. Provide a detailed explanation, if necessary.
10
Finally, sign and date the form, certifying that the information provided is accurate to the best of your knowledge. Retain a copy for your records and submit the form to the SEC as directed. Remember to keep track of the submission deadline.

Who Needs SEC Releases Form SD?

01
Companies that are required to file SEC Releases Form SD are those that are engaged in manufacturing or contracting to manufacture products that may contain conflict minerals, such as tin, tantalum, tungsten, or gold.
02
The Dodd-Frank Act mandates that these companies conduct due diligence and report their findings to the SEC if the minerals used in their products originate from regions associated with human rights abuses, particularly the Democratic Republic of the Congo (DRC) and its adjoining countries.
03
Hence, companies in various industries, including electronics, automotive, aerospace, jewelry, and others, may need to submit SEC Releases Form SD to meet the conflict minerals disclosure requirements and ensure transparency in their supply chains.
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SEC Form SD is a specialized disclosure form that companies must submit if they are required to disclose certain conflict minerals information.
Companies that use conflict minerals in their products are required to file SEC Form SD.
SEC Form SD must be filled out accurately and completely, providing information on the use of conflict minerals in the company's products.
The purpose of SEC Form SD is to help ensure that companies are not using conflict minerals sourced from regions that are associated with human rights abuses.
Companies must report on their due diligence efforts to determine the source and chain of custody of conflict minerals in their products.
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