SEC filings
Form S-8, employee benefit plan registration
The registration statement for shares offered under an employee benefit plan.
- Form
- S-8, employee benefit plan registration
- Deadline
- Event-driven; counsel sets timing
- Who files
- Companies registering plan shares
- Prepared by
- Your counsel and EDGAR agent
- Plan
- Tracked on every plan
When an S-8 is used
When registering shares for a plan, not on a fixed clock like a 10-K. Eligibility and timing are questions for securities counsel; TakePublic is not a law firm.
What an S-8 package includes
- Registration statementThe body incorporates Exchange Act reports by reference.
- Exhibit 107Filing fee table calculated at the current SEC fee rate.
- Auditor consentExhibit 23.1 from the company's auditor, because the S-8 incorporates the audited 10-K by reference.
- Plan exhibitsPlan-related exhibits as required for the offering.
How TakePublic handles it
TakePublic prepares this; your filing agent files it. TakePublic drafts the Form S-8, runs the review and counsel sign-off, freezes the signed package, and at Sign and submit the company downloads the filing package (EDGAR envelope, signed documents, manifest and PDF proof) and hands it to its filing agent. The Company calendar row closes when EDGAR shows the filing.
Frequently asked questions
Does an S-8 need auditor consent?
Yes. The S-8 incorporates the audited 10-K by reference, so the Exhibit 23 consent from the company's own PCAOB auditor accompanies it.
Does TakePublic handle the S-8?
Not today. Your counsel and EDGAR agent prepare and file it; TakePublic shows it on your Company calendar and reconciles it from EDGAR once filed.
Does an S-8 change future 10-K filings?
Often. Once an S-8 is effective, future 10-Ks typically carry the auditor consent exhibit because the registration incorporates them by reference. Confirm the exhibit list with your auditor and counsel.
Official sources
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TakePublic is a technology platform, not a law firm, broker-dealer, or auditor. Forms 3, 4 and 5 prepared in TakePublic file only after the reviewer the company designates, such as its securities counsel, signs off; any other filing prepared in TakePublic files only after a licensed securities attorney signs off.