Yes, in narrow cases. The SEC's Item 1.05 allows delay if the U.S. Attorney General determines immediate disclosure poses a substantial risk to national security or public safety and tells the Commission in writing. The FTC Safeguards Rule lets a law enforcement official request delay of public notice, in stages. This is education, not legal advice.
The SEC route
According to the SEC fact sheet, an Item 1.05 disclosure may be delayed if the Attorney General determines that immediate disclosure would pose a substantial risk to national security or public safety and notifies the Commission in writing. If the Attorney General indicates further delay is needed, the Commission will consider additional requests and may grant relief through exemptive orders.
Notice what it is not. A request from an investigator you are working with is not the same as the Attorney General's written determination. The company cannot grant itself a delay either.
The FTC route
Section 314.4(j) of the Safeguards Rule works differently. The notice to the FTC must say whether a law enforcement official has given a written determination that public notice would impede a criminal investigation or harm national security, and give a way for the FTC to contact that official.
Per the rule, an official may request an initial delay of up to 30 days after the FTC notice, and extend by up to 60 more days with a written request. Beyond that, delay requires a determination by FTC staff that public disclosure continues to impede an investigation or threaten national security. The FTC's guidance says to check a "law enforcement delay requested" box on the online form.
Note that the FTC still gets the notice. What is delayed is public disclosure.
Side by side
- Who can ask: SEC, the Attorney General's determination; FTC, a law enforcement official.
- Form: both rely on written determinations.
- What is delayed: SEC, the Form 8-K disclosure; FTC, public notice after notifying the FTC.
- Extension: SEC, Commission considers further requests; FTC, up to 60 more days on written request, then FTC staff determination.
What to do if an agent asks you to hold off
- Ask for the request in writing and keep it.
- Tell counsel right away. They will check whether it satisfies the rule that applies to you.
- Keep the clock visible. Delay does not stop other duties, such as notices under other laws.
- Do not tell engineers or customers about the request beyond what is needed.
- Diary the end date of the delay and the next step.
Where engineers fit
Preserving evidence and keeping a clean timeline are the most useful contributions. Agents often want logs and images preserved. Pair this with the guidance in our log retention post.
Quick check
Can our CEO decide to delay disclosure for an investigation?
Under the SEC route, no. The delay depends on an Attorney General determination communicated to the Commission in writing.
Does the FTC delay skip the FTC notice?
No. The notice still goes to the FTC. The delay concerns public notice.
Sources
Last reviewed: 19 October 2026.
