Section 240.13a-11 - Current reports on Form 8-K (Section 249.308 of this chapter)(a) Except as provided in paragraph (b) of this section, every registrant subject to § 240.13a-1 shall file a current report on Form 8-K within the period specified in that form unless substantially the same information as that required by Form 8-K has been previously reported by the registrant.(b) This section shall not apply to foreign governments, foreign private issuers required to make reports on Form 6-K (17 CFR 249.306 ) pursuant to § 240.13a-16 , issuers of American Depositary Receipts for securities of any foreign issuer, or investment companies required to file reports pursuant to § 270.30a-1 of this chapter under the Investment Company Act of 1940, except where such an investment company is required to file:(1) Notice of a blackout period pursuant to § 245.104 of this chapter;(2) Disclosure pursuant to Instruction 2 to § 240.14a-11(b)(1) of information concerning outstanding shares and voting; or(3) Disclosure pursuant to Instruction 2 to § 240.14a-11(b)(10) of the date by which a nominating shareholder or nominating shareholder group must submit the notice required pursuant to § 240.14a-11(b)(10) .(c) No failure to file a report on Form 8-K that is required solely pursuant to Item 1.01, 1.02, 1.05, 2.03, 2.04, 2.05, 2.06, 4.02(a), 5.02(e), or 6.03 of Form 8-K shall be deemed to be a violation of 15 U.S.C. 78j(b) and § 240.10b-5 .42 FR 4428, Jan. 25, 1977, as amended at 50 FR 27939, July 9, 1985; 68 FR 4355 , Jan. 28, 2003; 69 FR 15618 , Mar. 25, 2004; 70 FR 1621 , Jan. 7, 2005; 71 FR 53260 , Sept. 8, 2006; 75 FR 56780 , Sept. 16, 2010; 81 FR 82020 , Nov. 18, 2016 81 FR 82020 , 6/1/2018; 88 FR 51943 , 9/5/2023