Friday, May 26, 2017 11:29:46 AM
Its not ridiculous to state a company is in good standing with the SEC when it is a FACT that they are in good standing. Your opinion that it is not, but the SEC has declared they are in compliance.
In regards to the section 16, section 3 (below) outlines when the reporting person must report based on the "discretionary transaction". A discretionary transaction could be the amount in $$ the seller wants to acquire in a sale and can take multiple days, at which he doesn't specify the date of execution - or the number of shares, but the $$ amount.
https://www.law.cornell.edu/cfr/text/17/240.16a-3
(3) Solely for purposes of section 16(a)(2)(C) of the Act and paragraph (g)(1) of this section, the date on which the plan administrator notifies the reporting person that the transaction has been executed is deemed the date of execution for a discretionary transaction (as defined in § 16b-3(b)(1)) for which the reporting person does not select the date of execution.
Section 4 (which you quote) refers to the transaction trade date and prevents someone reporting months and years later after the "discretionary" transaction (in our case group of sales to acquire a certain $ amount) happens. This can be interpreted as the transaction execution, and the notification by the seller in form 4. Key word here is transaction, which defines the $$ amount the seller wants to acquire since they are not selecting the "date of execution" and not the amount of shares. It doesn't define the individual sales transactions but the overall transaction and the intent of the seller's transaction - which is to sell a number of shares (undefined) to acquire a certain $$ amount over an undefined date of execution.
(4) In the case of the transactions described in paragraphs (g)(2) and (g)(3) of this section, if the notification date is later than the third business day following the trade date of the transaction, the date of execution is deemed to be the third business day following the trade date of the transaction.
I'm sure you'll disagree, so I'll leave it for the board to interpret.
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