InvestorsHub Logo
Followers 153
Posts 12276
Boards Moderated 2
Alias Born 04/02/2007

Re: J.C.N. post# 6292

Friday, 01/18/2008 1:18:39 AM

Friday, January 18, 2008 1:18:39 AM

Post# of 15247
brentjanice :) FWIW, I believe there is/was a misunderstanding of the new 144 rules...


Posted by: jimmenknee
In reply to: CBGB who wrote msg# 164283 Date:1/17/2008 6:15:51 PM
Post #of 164319

CBGB :) There is an unfortunate misinterpretation going around relating to the new 144 rules. It originated on the AURC board as a misinterpreted discussion with a TA representative.

The change to the rules as it relates to "non restricted stock" was summed up in the TA's information sheet:

"Changes to Shells for Issuance of Non Restricted Stock ...
Whether reporting or non-reporting issuers are defined as shell or blank check, they are barred from issuing free trading stock and shares in such companies cannot be made free trading until 1 year has elapsed from the time of filing their first form 10."


http://www.transferonline.com/system/forms/Notice_of_Changes_to_rule_144.pdf

The actual rule application starts on page 45 of the SEC document beginning with number "6. Treatment of Securities Issued by "Reporting and Non-Reporting Shell Companies""

http://www.sec.gov/rules/final/2007/33-8869.pdf

I think you will see that there is no blanket restriction of "unrestricted" shares issued by non-reporters for 1 year.

IMO, the bulk of the modifications to the rules that will affect retail traders are as they relate to "restricted" shares.

http://www.sec.gov/investor/pubs/rule144.htm

The table on page 21 of the SEC document outlines the changes. If you notice, they have decided to split the 144 requirements between company categories-- as reporters or non-reporters. The non-reporter requirements, in essence, are not changed from previous requirements in the former rule 144 version which applied to both categories.

http://www.sec.gov/rules/final/2007/33-8869.pdf

So I think it's pretty clear, as it relates to that post, companies who are not identified as either "shell" or "blank check" companies who sell/give out shares outside the scope of restricted shares are not affected by the new 144 rules.

http://investorshub.advfn.com/boards/read_msg.asp?message_id=26086960





How many legs does a dog have if you call the tail a leg? Four; calling a tail a leg doesn't make it a leg.
Abraham Lincoln


Join the InvestorsHub Community

Register for free to join our community of investors and share your ideas. You will also get access to streaming quotes, interactive charts, trades, portfolio, live options flow and more tools.