Form F-6 POS Filings

What Is SEC Form F-6 POS?

SEC Form F-6 POS is a filing used under the Securities Act of 1933 to amend an effective Form F-6 registration statement. It is filed for American Depositary Receipts and American Depositary Shares when deposit agreement terms, fees, exhibits, or other registration details need to be updated after effectiveness.

This form is typically filed by a depositary bank when changes are made to an existing ADR program connected to a foreign private issuer. It may relate to revised deposit agreements, updated fee schedules, new exhibits, or other post-effective amendments that affect the registered depositary shares.

Form F-6 POS ensures that investors and regulators have current information about an ADR program after the original registration statement has become effective. The underlying Form F-6 establishes the registration of the depositary shares, while Form F-6 POS is used for subsequent post-effective amendments.

Key elements typically found in SEC Form F-6 POS include:

• Name of the issuer and depositary bank
• Title of the American Depositary Shares being registered
• Details of the underlying foreign securities
• Amended deposit agreement or related exhibits
• Updated fee or expense disclosures
• Confirmation of Securities Act registration requirements

Investors following changes to existing ADR programs can use SEC Filing Alerts to monitor new filings and other publicly available registration updates associated with foreign issuers.

SEC Form F-6 POS Filing Deadlines

SEC Form F-6 POS does not have a fixed recurring filing deadline. It is generally filed as needed when an existing Form F-6 registration statement must be amended after becoming effective.

Although Form F-6 POS concerns an existing ADR registration rather than an initial registration event, researchers can separately review new company filings to follow newly filed registration statements and other companies entering the SEC reporting system.

Key Things to Know About Form F-6 POS Filing Rules

• Existing Registration Required: Form F-6 POS is used only after a Form F-6 registration statement has already become effective.
• Form F-6 POS Is Not a New ADR Program: While it updates an existing registration statement, the original ADR structure remains tied to the previously filed Form F-6.
• Investor Disclosure Still Matters: Updates may affect ADR holders by changing deposit agreement terms, fees, exhibits, or related program information.
• Reporting Obligations May Continue: The foreign issuer may still have separate SEC obligations depending on its reporting status and the structure of the ADR program.
• Used in Multiple Scenarios: Form F-6 POS may be used for amended deposit agreements, revised ADR fee schedules, updated exhibits, and other post-effective changes.