SEC Comment Letter for 3D SYSTEMS CORP (DDD) (CIK 0000910638) (DDD) — Jul 12, 2010
3D SYSTEMS CORP (DDD) (CIK 0000910638)
Date: July 12, 2010 · CIK: 0000910638 · Accession: 0000000000-10-038907
AI Filing Summary & Sentiment
Reasoning
File numbers found in text: 001-34220
Referenced dates: May 27, 2010
Letter
Re: 3D Systems Corporation Form 10-K for the Fiscal Year Ended December 31, 2009 Filed February 24, 2010 Form 10-Q for the Fiscal Qu arter Ended March 31, 2010 Filed May 5, 2010 File No. 001-34220 Dear Mr. Grace: We have reviewed your response letter da ted June 11, 2010 and the Form 10-Q filed on May 5, 2010 and we have the following comments. Re ferences to prior comments refer to those in our letter dated May 27, 2010. Form 10-K for the Fiscal Year Ended December 31, 2009
UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549
DIVISION OF CORPORATION FINANCE
July 12, 2010 Robert M. Grace, Jr. Vice President, General Counsel and Secretary 3D Systems Corporation 333 Three D Systems Circle Rock Hill, Sout h Carolina 29730
Part III (Incorporated by reference from the Definitive Proxy Statement filed on March 31, 2010)
Corporate Governance Matters
Board Leadership Structure, page 13
1. We note your response to prior comment 6. In future filings, please provide enhanced disclosure regarding the role of your board of directors in risk oversight. Consider including disclosure as to how the board administers its risk oversig ht function, such as whether it is through the whole board or a committee, and how the board or committee monitors risk. Refer to Section II.C of SEC Release 33-9089 for additional guidance.
Form 10-Q for the Quarterly Period Ended March 31, 2010
Item 4. Controls and Procedures, page 25
2. Your effectiveness conclusion does not cite the definition of disclosure controls and procedures set forth in Rules 13a-15(e) and 15d-15(e) under the Securities Exchange Act. We commented on a similar deficiency in the di sclosure in your Form 10-K for the fiscal
Robert M. Grace, Jr. 3D Systems Corporation July 12, 2010 Page 2 year ended December 31, 2009 in our letter da ted March 17, 2010. Please tell us whether your disclosure controls and procedures were effective as of March 31, 2010 to provide reasonable assurance that the information that you are required to disc lose in the reports that you file or submit under the Securities Exchange Act is recorded, processed, summarized and reported within the time periods specified in the SEC’s rules and forms, and that such information is accumulated and communicated to your management, including your Chief Executive Officer and Chief Financial Officer, as appropriate to allow timely decisions regarding required di sclosure. Also, confirm that in future Exchange Act filings your effectiveness conclusions will cite, or cite to, the definition of disclosure controls and procedures as set forth in Rules 13a-15(e) and 15d-15(e) under the Securities Exchange Act.
Please respond to these comments within 10 business days or tell us when you will provide us with a response. Please submit all correspondence and supplemental materials on EDGAR as required by Rule 101 of Regulation S-T. Please furnish a cover letter that keys your response to our comments and prov ides any requested information. Detailed cover letters greatly facilitate our review. Please understand that we may have additional comments after reviewing any amendment and your response to our comments. If you have any questions about our comment s, please contact Matthew Crispino, Staff Attorney, at (202) 551-3456. If you need furthe r assistance, you may contact me at (202) 551- 3735. S i n c e r e l y , B a r b a r a C . J a c o b s Assistant Director
Show Raw Text
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
DIVISION OF
CORPORATION FINANCE
July 12, 2010 Robert M. Grace, Jr. Vice President, General Counsel and Secretary
3D Systems Corporation 333 Three D Systems Circle Rock Hill, Sout h Carolina 29730
Re: 3D Systems Corporation
Form 10-K for the Fiscal Year Ended December 31, 2009
Filed February 24, 2010 Form 10-Q for the Fiscal Qu arter Ended March 31, 2010
Filed May 5, 2010 File No. 001-34220
Dear Mr. Grace:
We have reviewed your response letter da ted June 11, 2010 and the Form 10-Q filed on
May 5, 2010 and we have the following comments. Re ferences to prior comments refer to those
in our letter dated May 27, 2010. Form 10-K for the Fiscal Year Ended December 31, 2009
Part III (Incorporated by reference from the Definitive Proxy Statement filed on March 31, 2010)
Corporate Governance Matters
Board Leadership Structure, page 13
1. We note your response to prior comment 6. In future filings, please provide enhanced disclosure regarding the role of your board of directors in risk oversight. Consider
including disclosure as to how the board administers its risk oversig ht function, such as
whether it is through the whole board or a committee, and how the board or committee monitors risk. Refer to Section II.C of SEC Release 33-9089 for additional guidance.
Form 10-Q for the Quarterly Period Ended March 31, 2010
Item 4. Controls and Procedures, page 25
2. Your effectiveness conclusion does not cite the definition of disclosure controls and
procedures set forth in Rules 13a-15(e) and 15d-15(e) under the Securities Exchange Act.
We commented on a similar deficiency in the di sclosure in your Form 10-K for the fiscal
Robert M. Grace, Jr.
3D Systems Corporation July 12, 2010 Page 2
year ended December 31, 2009 in our letter da ted March 17, 2010. Please tell us whether
your disclosure controls and procedures were effective as of March 31, 2010 to provide
reasonable assurance that the information that you are required to disc lose in the reports
that you file or submit under the Securities Exchange Act is recorded, processed, summarized and reported within the time periods specified in the SEC’s rules and forms,
and that such information is accumulated and communicated to your management, including your Chief Executive Officer and Chief Financial Officer, as appropriate to allow timely decisions regarding required di sclosure. Also, confirm that in future
Exchange Act filings your effectiveness conclusions will cite, or cite to, the definition of disclosure controls and procedures as set forth in Rules 13a-15(e) and 15d-15(e) under
the Securities Exchange Act.
Please respond to these comments within 10 business days or tell us when you will
provide us with a response. Please submit all correspondence and supplemental materials on
EDGAR as required by Rule 101 of Regulation S-T. Please furnish a cover letter that keys your
response to our comments and prov ides any requested information. Detailed cover letters greatly
facilitate our review. Please understand that we may have additional comments after reviewing
any amendment and your response to our comments.
If you have any questions about our comment s, please contact Matthew Crispino, Staff
Attorney, at (202) 551-3456. If you need furthe r assistance, you may contact me at (202) 551-
3735.
S i n c e r e l y , B a r b a r a C . J a c o b s
Assistant Director