As of March 20, 2023, the SEC announced a new change applicable to SEC forms 4 and 5.
Forms 4 and 5 have been updated to include a new checkbox to allow filers to identify whether the reported transaction was subject to a contract, instruction or written plan intended to meet the conditions of Rule 10b5-1(c). This checkbox is located just prior to Table I – Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned.
Here are the instructions on filling out this checkbox:
Indicate by check mark whether a transaction was made pursuant to a contract, instruction or written plan for the purchase or sale of equity securities of the issuer that is intended to satisfy the affirmative defense conditions of Rule 10b5-1(c) under the Exchange Act [§240.10b5-1(c) of this chapter]. Provide the date of adoption of the Rule 10b5-1(c) plan in the “Explanation of Responses” portion of the Form.
See sample below:
