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."
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""
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.
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.
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