Securities Lawyer's Deskbook                          published by The University of Cincinnati College of Law

Rule 9-05 -- Foreign Activities

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(a) General requirement. Separate disclosure concerning foreign activities shall be made for each period in which either



(1) assets, or


(2) revenue, or


(3) income (loss) before income tax expense, or


(4) net income (loss),



each as associated with foreign activities, exceeded ten percent of the corresponding amount in the related financial statements.


(b) Disclosures.



(1) Disclose total identifiable assets (net of valuation allowances) associated with foreign activities.


(2) For each period for which an income statement is filed, state the amount of revenue, income (loss) before taxes, and net income (loss) associated with foreign activities. Disclose significant estimates and assumptions (including those related to the cost of capital) used in allocating revenue and expenses to foreign activities; describe the nature and effects of any changes in such estimates and assumptions which have a significant impact on interperiod comparability.


(3) The information in paragraph (b)(1) and (2) of this section shall be presented separately for each significant geographic area and in the aggregate for all other geographic areas not deemed significant.



(c) Definitions.



(1) "Foreign activities" include loans and other revenues producing assets and transactions in which the debtor or customer, whether an affiliated or unaffiliated person, is domiciled outside the United States.


(2) The term "revenue" includes the total of the amount reported at Rules 9-04.5 and 9-04.13.


(3) A "significant geographic area" is one in which assets or revenue or income before income tax or net income exceed 10 percent of the comparable amount as reported in the financial statements.

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