Decision Diagnostics Corp (DECN)

[loanranger]

Yes, I've made mistakes before and I expect to make them again.

Per you:
"The Designation of a new class of Preferred stock, or the amendment of a Designation of a Class is not in any way an Amendment of Incorporation or Bylaws."

Per the Nevada Revised Statutes:
NRS 78.1955 Establishment of matters regarding class or series of stock by certificate of designation.
7. When any certificate of designation, or any amendment thereto, filed pursuant to this section becomes effective, it shall have the effect of amending the articles of incorporation



"I know this is not what a few people wanted to hear, but the fact is no 8-K is needed."
Of course I never said that an 8-K is required. DECN bailed out of its SEC filing requirements and Form 8-K is an SEC filing. Read the post. OTCMarkets has requirements of their own that I provided, SIMILAR TO the 8-K filing requirements. OTCMarkets has no regulatory standing so any failure to comply with their standards is a rules violation, not a violation of securities laws.
(One thing that you might want to consider here is that the Pink Current Information status that the company enjoys has been used as a proxy to satisfy the current information requirements of Rule 144. Shareholders using Rule 144 to provide the exemption needed in order to sell shares should think about whether this DECN decision not to comply with the Current Reporting of Material Corporate Events section of their Guidelines, which require that "the issuer shall publicly disclose such events by disseminating a news release within 4 business days following their occurrence" might render Rule 144 inoperable and make share sales improper.)

Note that "disseminating a news release" is not the same thing as filing a Form 8-K.
The company should obviously be informing its other shareholders about any new series of shares and the rights attached to them, whether that satisfies a securities law, OTCMarkets Guidelines or just plain good corporate governance purpose.