Moneyzine
Contents
/Investment Guides /Safe Harbor

Safe Harbor

Moneyzine Editor
Author: 
Moneyzine Editor
2 mins
September 21st, 2023
Advertiser Disclosure

Definition

The term safe harbor refers to a statutory provision or regulation that eliminates liability as long as the entity did not knowingly make false statements. Safe harbor provisions are typically associated with forward-looking statements, and will explain to users the risks associated with the use of such information.

Explanation

Rules under the jurisdiction of the Securities and Exchange Commission require companies to comply with certain standards of communication. These rules were put into place to allow investors to clearly understand when a published report or statement made by a company was based on historical records or a forecast of future performance. This is referred to as a forward-looking statement.

The Private Securities Litigation Reform Act of 1995 (PSLRA) provides publicly-traded companies protection from liabilities associated with forward-looking statements through a safe harbor provision. That is to say, by clearly identifying forward-looking statements in a report, the company cannot be sued by investors if such forecasts do not materialize.

Generally, companies are protected under the PSLRA when making oral or written forward-looking statements as long as any of the below apply:

  • The forward-looking statements are clearly identified, and caution the user of the information that actual results could materially differ from such forecasts.

  • The information is immaterial to the overall performance of the business.

  • The information is presented as a good faith estimate.

  • An executive officer did not knowingly approve of a false or misleading statement.

Companies will oftentimes use the terms safe harbor and forward-looking statement interchangeably when communicating with investors. Forward-looking statements will warn users that actual results may differ materially from the forecasts appearing in the report as well as how to identify such forecasts. The safe harbor provision of the PSLRA protects the business from litigation as long as the communication meets certain requirements, including a forward-looking statement.

Related Terms

Form 10-K, Form 10-Q, Form 8-K, proxy statement, annual report, financial highlights, forward-looking statement, management's discussion and analysis, critical accounting estimates

Explore Investing Further

Related Content

  • Biden Or Trump: Who Is Better For The Economy And Stocks?
    Yup. This is one of those articles. It's an election year, and here in the U.S., we get to decide which old dude who’s been alive long enough to remember when there were only 48 states in the U.S. will be the leader of the free world.
    March 19th, 2024
  • When it comes to strategic business planning, accounting is front and center, shaping the course of action. At least it should be.
    March 14th, 2024
  • DRIP Brokers: Best Brokers for Dividend Investing for April 2024
    Reinvesting dividends could mean compound growth for your portfolio. But reinvesting them manually can be a hassle. This is why you could benefit from a dividend reinvestment plan (DRIP).
    March 12th, 2024
  • How To Invest in Real Estate Without Becoming a Landlord
    We all know that in order to build wealth and prepare for retirement, investing is the key. However, it can be hard to figure out what to invest in and how to put your money to good use. One of the most talked about ways to build wealth is owning property and being a landlord to bring in passive income. But what if you don’t want to do that? You can still invest in real estate!
    March 6th, 2024
  • Investing In Nature: The Closest You'll Get To Your Money Growing On Trees
    ESG (Environmental, Social, and Governance) has become a polluted word for many traders and investors - but that doesn't mean it's going completely away. Nor does that mean you can't profit from nature or sustainable practices. But there are some opportunities in the regenerative ag, conservation, and green real estate spaces.
    February 29th, 2024

Contributors

Moneyzine 2024. All Rights Reserved.