Fee Rate Advisory #3 for Fiscal Year 2012 Now Out

As previously announced by the Securities and Exchange Commission, starting on Oct. 1, 2011, the fees that public companies and other issuers pay to register their securities with the Commission have been reduced to $114.60 per million dollars from their current rate of $116.10 per million dollars.

The securities laws require the Commission to make annual adjustments to the rates for fees paid under Section 6(b) of the Securities Act of 1933 and Sections 13(e) and 14(g) of the Securities Exchange Act of 1934.

Under changes made by the Dodd-Frank Act, the annual rate changes for these fees must take effect on the first day of each fiscal year, which is Oct. 1. On Aug. 31, 2011, the Commission announced the new fee rate of $114.60 per million dollars that would take effect on Oct. 1, 2011.

All filings submitted to the SEC before 5:30 p.m. ET, and filings pursuant to Rule 462(b) (17 C.F.R. 230.462(b)) submitted to the SEC before 10:00 p.m. ET, on Sep. 30, 2011, will be subject to the current fee rate of $116.10 per million dollars.

Rule 462(b) filings submitted after 10:00 p.m. ET, and all other filings submitted after 5:30 p.m. ET, on Sep. 30, 2011, shall be deemed filed as of the next business day, Oct. 1, 2011, under Section 232.13 of Regulation S-T (17 C.F.R. 232.13), and be subject to the new fee rate of $114.60 per million dollars. Filers with questions about the new Section 6(b), Section 13(e), or Section 14(g) fee rates should call the SEC at (202) 551-8900.

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