Filing an Earnings Release for a Public Company Checklist

Summary

This checklist provides guidance on the steps that a public company should take (and counsel advising it should understand) when releasing earning results. Most public companies publicly announce their quarterly or annual financial performance through a press release, often followed by an earnings conference call or webcast with analysts, investors, and members of the financial media. Item 2.02 of Form 8-K requires a public company to furnish information about any public disclosure of material non-public information about the company's results of operation or financial condition for a completed quarterly or annual fiscal period. Item 2.02 allows for an exemption from furnishing or filing for information that may be disclosed by the company during the earnings call, provided that it is related to the information contained in the initial earnings release and certain steps are taken. Furnishing an Item 2.02 Form 8-K may also shield the company from potential violations of Regulation FD.