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I think we should start with the lease operator, Sands Oil co.
They will have company contacts for both CUBO and UTOG and know how much oil is being produced. My e-mail is bruce4653@yahoo.com
Below is part of response to me from Patrick in April 2013: If you are smart enough to understand this, then post a reply. If not, then we don't need to hear more gloom and doom comments.
Plans moving forward
Management has the best interests of shareholders at hand when working on this project. We are working through counsel to satisfy the requests from the SEC with the hope that we might be cleared to trade again the on OTC. Again, management is paying for the legal costs as no revenues are being derived by the Company.
We will eventually have the $2 million payment from Cubo as well as a percentage of revenues moving forward. (see Addendum – New Miami transaction notes) The company also owns the Musselshell leasehold, and efforts are being made to raise capital for drilling.
Given that the Company has assets and is owed monies, there is value to the corporation. Eventually, we believe that we can raise additional capital once everything is cleaned up and look at the Musselshell property closer and perhaps look at additional acquisitions.
Ultimately, as I have stated before, we would like to see a resumption of trading on a regulated stock exchange or bulletin board.
Regards
Patrick Smyth
Addendum – New Miami transaction notes
a) Uniontown will receive an payment of $2,000,000 from the proceeds of the working interest of the existing wells at New Miami transferred to Cubo Energy AG on a 50/50 basis until paid, plus;
b) Uniontown will retain 5% of 8/8ths Net Royalty Interest on all existing wells and any future wells at New Miami until a total amount of $3,000,000 in Net Royalty Interest has been received by Uniontown.
c) Uniontown will retain an Adjusted Net Royalty Interest of 2% of 8/8ths Net Royalty Interest on all existing wells and any future wells at New Miami after a total amount of $3,000,000 in Net Royalty Interest has been received by Uniontown.
NB: “Net Revenue Interests” means, with respect to a given oil and gas lease, the interest of Seller in production of oil and/or gas from or allocable to such lease, net of royalties and other lease burdens as calculated on an 8/8ths basis. With respect to the Net Revenue Interest that Uniontown is keeping under this agreement on all existing wells and any future wells, it will be 5% of 8/8ths.
“Adjusted Net Revenue Interest” means a Net Revenue Interest of 2% of 8/8ths that Uniontown is keeping after a total amount of royalty of $3,000,000 has been paid to Uniontown out of production.
Who wants to stir up some s***.
I have a lot of info that was shared with me a year ago regarding this business. CUBO is benefiting from the production at New Miami. Maybe some deeper pockets there to pursue.
All it takes is $$$$$ and we can sue, sue sue. Utog is owed 2 million by CUBO. The stockholders are UTOG.
Cannot find assets without a supoena. Need to start a legal action to get those records. Some forensic accounting can determine if the management team is in line to reap benefits. Maybe if we attacked, we could get control of UTOG (if there are assets, agreements of potential value that we would want).
I have $1000 I will commit to legal action. We need to accumulate $10,000 to retain a competent attorney to get records. Once we have those, they will include the contact info for every stockholder. With knowledge of assets and agreements, we can determine whether it is worth pursuing a broad class-action against Management and/or CUBO by the stockholders. If not we cease and desist and return remaining balance of $10,000 to the stockholders who put up the money.
IMO.................... Bruce Peters
I believe UTOG is owed $2,000,000 by Cubo who is now managing the production.
I watch most of the order volumes and very few are abouve 25,000 shares (less than $5000 investment). It's all the little investors betting on a hunch that there will be good news tomorrow.
Chapter 11 will take a few months to shake out with resulting debt write-offs.
Once Chapter 11 results are final, profits will rise due to debt and interest write offs. Stock will move up in chunks when that happens. The prognosis is almost always good for stock appreciation after filing Chapter 11 because all the irritional "investors" bailed unneccessarily due to their knee jerk reaction to what is usually good newsfor profitability in the future. That drives the stock to the bottom. This is a good 1-2 year stock play. 5-15 times ROI.
I have not received the support I expected. I have some info that I cannot discuss, since I signed a non-disclosure with UTOG. I am waiting a little longer on the SEC before I Decide what to do next.
As you can see, no info for almost 6 months. Some oil is being pumped last I heard by the "european partner".
I believe that audited financials will not be forthcoming until the SEC permits trading
UTOG has no reason to pay the cost to produce them.
We need support if the stockholders want to know what is happening. I am told the lawyer working with SEC has a gag order on UTOG. If we want to know more we will need to retain an attorney. Not sure if a lawyer is STILL working with the SEC.
Supoenas solve that problem.
We need $$$$ to find a lawyer to help. I am guessing $2-3,000 retainer.Those who put up $$$ will be included in findings. This will not be a class action until we get stockholders to put up "seed" money to get list of investors.
There is a failure to communicate! For the last time, this is about taking seats on the board and being pro-active in the managing of UTOG as overseers. Also doing discovery to see what has happened at UTOG to determine IF IF IF IF there are damages to the stockholders and if so, seize the assets.
Fighting a stockholder action is a lose, lose proposition for management and a win, lose proposition for the stockholders. I am willing to lose a little more in an attempt to take control of UTOG.
THIS IS NOT ABOUT RECOVERING OUR LOSSES FROM THE MANAGEMENT TEAM (past or present)VIA LAW SUIT!
If the members of this board are not willing to invest a couple grand to gain access to all company records, then this is going nowhere.THis sure as heck is a better investment than the stock we all purchased.
Filing a suit gains access of all corporate records by subpeona. THEN if our discovery finds evidence of mismanagement or wrongdoing we can proceed to either:
negotiate to add, remove or replace some or all of current board members
or, we can THEN file suit to accomplish the same if UTOG fails to negoiate.
It is obvious that UTOG is not going to keep us informed of what is going on now or in the future.
Patrick missed the 5/1 deadline for additional info requested. I am guessing he is working elsewhere to support himself, as I suspect the others are doing the same, since their Euro partner has been handling the production issues.
It appears from the deafening silence from the rest of the posters that no one else wants to put up some cash to move this forward, and since I am not going to pursue this alone this will be my last post to the group.
I guess I will sit on my hands like the rest of the stockholders.
Some of you better investigate the leverage minority stockholders have with a law suite. A suite gives us subpeona rights and UTOG's lawyers cannot prevent a plaintiff's discovery.
If you want transparency this is how we can accomplish that objective. If you are not willing to be part of the solution, then quit complaining about not knowing what UTOG is doing and I will walk away.
IT IS NICE TO SEE MORE INTEREST IN GETTING THIS WHOLE ISSUE RESOLVED. As I stated in the letters I sent to Patrick tn March and April, a lack of transparancy is the issue that requires no money or geology reports. It just requires INTEGRITY.He has provided me with answers that explain what most of the problems are and why they are not corrected. At this time I am not in a position to share that information with anyone else.
Patrick had a deadline of 5/1 to respond to me. IF I have not heard from him this week I will be contacting him next week for answers. This will be UTOG's last chance to comply, .....IF ENOUGH OF YOU WANT TO FIGHT!
I hate to say I am beginning to think that the stockholders are going to need to retain an attorney to get the answers we want and subpoena the records.
I am one stockholder willing to invest $$$$ in this. We can file a lawsuit for a couple thousand dollars, if necessary. UTOG has no money to fight a stockholder suit.
How many of you are willing to put $200 into this, with the understanding that those that do not put in will receive none of the benefits. I think we can gain control of UTOG's board without much of a fight. Once we get complete list of stockholders, I am sure we can get more willing to put money into our legal action.
I will check this board next week for a headcount.
Until then....Bruce
UPDATE: I am still waiting until 5/1 to receive additional info from UTOG. I would like to release info to the stockholders, but UTOG has not given me permission. I do not want to jepordize our legal position, so I will not give specifics. As you know I have been pressing for more transparency. Patrick has extended an offer to me to become a Board member. I would possibly be interested under certain conditions. I have not had time the last week or two to delve into this possibility. Why be a Board member if nothing changes.
MY OPINION is that UTOG believes that additional capital will not be an option until the SEC issue has been resolved in favor of UTOG.
My answer to what you can do:
1. we need each of you to get others to to join this message board who want to facilitate some or all of the demands I have proposed to UTOG in my 4/1 post.
2. we need stockholders who are prepared to stay the course and support any actions the followers of this board support.
3. based on the reply I received from UTOG there MAY BE a basis for hope.They seem to be responsive and I do not want to jeopardize that, so see #4 and #5 below.
4. I think it best that we work thru only one representative of the stockholders at the present time, so please send concerns and questions thru me.
5. I am working to gain transparency and at this time am not in a comfortable position to share what I have been told. There is another deadline of 5/1 imposed for as yet a couple unanswered demands.
6. I will share with you, that it is not as bad as most of you feel it is....but not as good as I would have hoped.
Freddy 2 as you can see, two of you responded to my request to join with me. Not exactly a quorum from this message board. When I see more stockholders wanting to get involved then we will have a discussion concerning what to do next.
Patrick's email address can be found in the two letters I sent him last month.
The postings on this board paint a picture that people have given up and are resigned that their investment is lost. I do not take that position and have decided to put UTOG's "feet to the fire". But I will not undertake this action alone. When the followers of this message board decide to join with me, everyone will have access to what is and isn't happening at UTOG. I am trying my best to change things, but I am not going to do all the work for a group of discouraged "fence sitters" who expect me to keep them informed.
Just received a response to my demands from Patrick Smyth. UTOG is a long way from dead if we can change how the company is managed.....but you knew that.
BELOW IS MY FIRST LETTER SENT TO PATRICK SMYTH ON 2/13 AND HIS REPLY. BELOW HIS REPLY IS FOLLOW-UP LETTER I SENT TO PATRICK ON 3/11 AND HIS REPLY. SINCE HIS 3/11 REPLY THERE HAS BEEN NO FURTHER COMMUNICATION FROM UTOG. IT IS NOW UP TO US TO DECIDE WHAT HAPPENS NEXT.
Sent: February-13-13 7:55 AM
To: Patrick Smyth; Patrick Smyth; Patrick Smyth
Subject: choices
Patrick,
Your recent actions are continuing to exacerbate credibility issues with stockholders. It is time to report results, not intentions. All we have been told is what UTOG has intended to accomplish. You must remember, UTOG's problems are also our problem.
If UTOG is unwilling to open up meaningful, concise, and timely dialog with it's stockholders, then I will have no choice but to post the following letter in a manner to reach as many UTOG stockholders as possible.
The choice is yours.
Don't make me the bad guy, I only want to help enhance UTOG's public credibility and improve the price of the stock......same as you!
One question for you.
How has UTOG's Board of Directors' management philosophy been working for us lately?
Sincerely,
Bruce
Patrick,
It appears you have made a choice to hide from and ignore requests from stockholders for updates concerning the on-going state of affairs for UTOG. These stockholder requests are the result of a stock price that is depressed to less than 10% of UTOG’s apparent book value of it’s assets. This price is a reflection of a lack of credibility of the management team that has been running the company the last couple of years, of which you have been the only apparent constant. The SEC sanctions and the lack of proper corporate conduct continue to be issues that are more of a concern to stockholders than the amount of oil being pumped out of the ground. i.e. with the apparent dissolution of NX Petroleum and the European partner, what is UTOG’s ownership position with the leases?
The Board of Directors has allowed the management of UTOG to disregard the UTOG by-laws. The stockholders have been denied a forum (annual stockholders meeting) to execute their voting rights for at least two years in Board of Directors’ election matters. UTOG has failed to provide proper notice to ALL stockholders of the annual stockholders’ meeting for the election of Board members. The issue is not if the Board has a quorum of stockholder votes, it is the issue of due process being denied all stockholders of record.
As your counsel knows, stockholders can, without a quorum, bring litigation against a company’s Board severally and in some instances against members of management individually to be determined by the level of misconduct or negligence.
The stockholders will be insisting in more oversight in the operations and decisions being made by UTOG’s management going forward and will consider litigation if management refuses to acknowledge our request.
From: Patrick Smyth <corporate@uniontownenergy.com> Sent: Wednesday, February 13, 2013 11:26 AM
Subject: RE: choices
Dear Bruce,
Thank you for your candid letter.
At present, as you know, neither myself nor anyone on the executive team is taking any monies from the company, nor have we done so in the last fiscal year. The SEC has finally asked us to provide them with information regarding the suspension, however, we are unable to provide any details of their request under law. The request is onerous, and has caused us to hire new outside counsel to advise us.
The information that they now request, some 18 months after the suspension, is very similar to the requests made by FINRA and also contains many the same materials we voluntarily sent the SEC after the suspension. Why the SEC would choose to request this information now is anyone’s guess, however, I believe that a shareholder(s) has been pushing them to do so.
The end result is unknown, but I am hopeful that this gets cleared up once and for all. Inter alia, the scope of the request is extensive and time consuming. Why they would want us to provide them with data now, that for the most part, is readily available in the public filings in not clear.
Darren is not around to answer some of the questions, and between his tenure and that of the following CEO, I am in a position of having to clean up this mess. The personal reasons for me even sticking around are two-fold; I don’t like leaving a company when things are not going well and I would expect us to one day trade again so I might get my options/salary.
We continue to source out financing, but until we have completed this SEC request, to say that task is difficult, is an understatement.
Regards,
Patrick Smyth
March 11, 2013
Patrick Smyth CEO
Uniontown Energy
Dear Patrick,
It has been 30 days since you received my last letter outlining requested changes in how UTOG does business. To date you have not responded with a proposal to resolve the issues that were raised. Therefore this is written notice that you have until April 1, 2013 to negotiate with me how and when you will resolve these issues (see list below) or I will begin implementing the following actions beginning April 1, 2013.
I feel confident that my proposed stockholder action cannot drive down the present value of the stock any further than UTOG’s past and present management group has. A shareholder lawsuit for tens of millions of dollars in damages and the ouster of the present BOD will certainly hinder UTOG’s ability to find an investor or getting listed on any Exchange. This is an end game strategy that I will do everything in my power to convince other shareholders to implement if you refuse to resolve these issues TIMELY.
We both know that UTOG is in better shape operationally now than a year or two ago. UTOG is pumping oil and the book value of UTOG’s assets are ten times what the stock trades for. Yet the stock has been trading at its lowest value for the past few months. WHY? The answer is the poor decisions management has made in the past and continues to make regarding transparency and the result has been a lack of management credibility.
We are going to insist on transparency and a presence on the BOD or we will attempt to 1.) force the sale of UTOG, 2.) the liquidation of UTOG or 3.) take control of the BOD through a law suit if necessary. Does the BOD want to spend time and money defending a shareholder suit or start running this company in a buslness-like manner? The decision the Board makes in this matter will reveal their intentions to either continue their agenda to withhold information and operate in the shadow of legitimacy or allow full disclosure to the stockholders as to the specific details of their plan A and plan B strategy to increase the value of the stock.
Here is a list of demands: (the first 6 are typically available to stockholders of a publicly-traded company)
1. Monthly income and production reports
2. Quarterly financials and balance sheets
3. A presence on the Board of Directors
4. Names and contact info of all Board Members
5. Names of all accounting and legal firms representing UTOG
6. Annual Stockholders meeting
7. A pro forma based on how UTOG can grow using only projected cash flow from operations
8. Weekly update on the status of the SEC fiasco
I do not know if I will succeed or fail in convincing other shareholders to join with me in pursuing these objectives if you fail to produce them voluntarily, but the status quo needs to be changed. A list of all current stockholders will be obtained from UTOG even if we have to subpoena that list. Hopefully, it will not come to that. I await your reply.
Sincerely,
Bruce Peters
From: Patrick Smyth <corporate@uniontownenergy.com>
Sent: Monday, March 11, 2013 1:27 PM
Subject: RE: choices
Dear Bruce:
We confirm we are in receipt of your email.
The Company is working to resolve issues with the SEC through third party council, and we have been advised not to speak on any issues at present.
Management has the best interests of its shareholders at hand, and also reminds you that it is management that has been paying for the continued corporate operations of the Company.
Regards,
Bcc: Terry Fields – Director
Bcc: John Karlssön – acting Director
Patrick Smyth – acting CEO
CHECK THIS BOARD MONDAY FOR UTOG UPDATE
The angel is circling, but not just over the stockholders.Next week might be the beginning of some interesting developments for UTOG.
UTOG has a 10% working interest in the New Miami property. Yhe definition of working interest FYI:
A percentage of ownership in an oil and gas lease granting its owner the right to explore, drill and produce oil and gas from a tract of property. Working interest owners are obligated to pay a corresponding percentage of the cost of leasing, drilling, producing and operating a well or unit. After royalties are paid, the working interest also entitles its owner to share in production revenues with other working interest owners, based on the percentage of working interest owned.
This appears how UTOG will generate revenue for administrative operations for the near term.
My question is: WHY WOULD ANYONE BE SELLING THIS STOCK? THERE IS NO DOWNSIDE AT THESE PRICES AND THE POTENTIAL UPSIDE IS UNKNOWN.
I see a trade for 300 shares at 6 cents/share.
Who buys $18 worth of stock?
It is 10% of NET income. Take the revenue from 30 bbls/day for however many days you select and subtract the expenses for that same number of days and that will give you NET income for well #1. UTOG receives 10% of that amount. Do the same calculation for each new well.
The value of the UTOG stock will not be determined by revenue generated from the New Miami wells. That revenue however, will insure continuity of operations and provide cash for new leases and drilling on them. THAT will add value to the stock along with the 48% ownership in NXP.
Based on release, the two wells will generate $2 million-$5.5 million in revenue based on 10hrs/day pumping on #2 and 30bbls/day from #1.
This means UTOG should have a MINIMUM positive cash flow of $200,000-550,000 per year from just two wells. This should prevent UTOG from shutting down and ceasing operations.
I have been all over the Cubo facebook page and do not see any info you referred to.
Dirtdog,
You need to READ the release again. Patrick used those values as an example which he clearly states.
Additional info from UTOG
We are excited by the changes and the prospect for increasing our net value through our ownership in NX Petroleum, which is to be acquired by a European listed company. (NX Petroleum now owns the former UTOG properties in Montana and Wyoming.)
UnionTown’s investment means that it currently owns 48% of the shares of NX Petroleum and a 10% working interest in the New Miami Property on all wells, current and future. Once NX Petroleum is acquired by the European listed company, UnionTown will own 48% of the new European listed company.
Simply put, current shareholders of UnionTown Energy Inc. retain their shares in UnionTown Energy with the asset base being the ownership in the new company and a 10% working interest.
For the USA-based company shareholders the valuation of the listed share comes from the value of the new company. So, in theory and as an example, if the new European company has a market capitalization of $300 million Euro, then the value to UnionTown is 48% of that value or about $62 million dollars or 0.85 cents per share.
In addition, UnionTown is retaining a working interest in the New Miami prospect, and expects that it will derive a solid revenue stream moving forward possibly increasing the value of the shares. And we would expect that as more of the assets are drilled and brought into production, that the overall value of both companies should rise based on current market conditions.
This restructuring and financing was the best choice for our shareholders given that FINRA would not permit market maker(s) to quote our stock on the OTCBB after our suspension from the markets last year. To this date, the Company has not received a formal reply to our request for more information from the S.E.C.
Our outside financing has ensured the long-term viability of the assets, and has created the potential now for building up production on a greater scale. The fact remains that the Company was unable to develop outside investment under the old structure, and on the grey markets. We studied many options, and this was the best one.
Again, this move creates stability for UnionTown Energy Inc. shareholders and the potential for long-term investment returns attractive.
Please note, the Company does now intend to relist UnionTown Energy Inc. on the Canadian National Stock Exchange http://www.cnsx.ca/ or a similar exchange with a long term goal of listing on the NYSE Euronext (NYX) or a similar USA Exchange. We want to see a proper market for your shareholdings. Efforts on this front will begin immediately with management working with its accountants and auditors to become fully reporting and compliant again.
The addition to the UnionTown Management Team bring in strong corporate finance from Mr. Karlsson while ensuring that continuity with the promotion of Mr. Smyth who also has a strong financial background. It’s their goal to focus on seed through early stage growth equity with the goal of creating a return for investors through potential dividends and liquidity in the public market. UnionTown has the potential to build through future acquisitions and partnerships, and will be exploring all options.
Our company sees significant potential in Montana's and Wyoming’s under-developed shale fields, and it’s clear that the oil and gas industry will play a pivotal role in supplying the world with energy far into the future making investment in UnionTown Energy Inc. very attractive.
Patrick Smyth
Chief Executive Officer
UnionTown Energy Inc.
http://www.uniontownenergy.com
Phone: 702.530.3241
Facebook: http://www.facebook.com/uniontownenergy.utog
Twitter: @UnionTownEnergy
A proud member of the Montana Petroleum Association
This E-mail may contain forward-looking statements within the meaning and the provisions of the Private Securities Litigation Reform Act of 1995 and is subject to safe harbor created by these sections. This information is confidential information covered by the Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and is legally privileged. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. The contents herein are not intended to be and are not an advertisement for any securities of the company.
P Before printing this e-mail please consider if it is necessary to do so: the environment concerns us all.
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It appears that to acquire investment to continue operations UTOG needed to dilute the shareholders of UTOG. Otherwise we would be stockholders in a dead company. The release yesterday leaves more questions than answers. UTOG Has failed to clarify the percentages of stock that each company will swap.
It appears that a Euro listed oil company (ELOC) will own 52% of NX and UTOG will own the remaining 48%. It appears that NX will acquire 100% of Uniontown Drilling (UD) from UTOG in exchange for 48% of NX stock to UTOG. UTOG will then be only a holding company (I think)which will have no debt and own 48% of NX and 10% of the revenue of New Miami revenue.
Does "much greater pay zone" mean 2 times, 5 times. 20 times the first well?
The info was in UTOG press releases and knowledge of how business and stocks work.
Current stockholders will retain their UTOG shares and continue to trade them in US.
We will receive additional shares probably on a pro-rated basis in the "NEW" european company. We will be able to trade those shares on the Frankfurt exchange. I am speculating that they have already secured private placement financing in exchange for a portion of the Frankfort shares authorized in the IPO or options on the Frankfort shares to be issued. That would explain their ability to finance continued drilling.
More Frankfurt exchange info
http://germanstockexchange.com/germanstockexchangeinfo.html
Find out why UTOG is listing on the Frankfort Exchange. See link.
http://www.frankfurtstockexchanges.com/
Go to this link to learn how to trade on the Frankfort Stock Exchange.
http://www.hsbc.ca/1/2/en/personal/investdirect/investment-knowledge-centre/global-trading-tools/frankfurt-stock-exchange
Brilliant move to be "acquired" by a shell corp (NEAU)that trades on the OTCBB. Rename the "New" company Strategy Oil. Within 36 months Strategy Oil acquires all the lease holdings of UTOG and presto all of UTOG"s problems with the A**h**** at FINRA are behind them. THis stock should be moving upward on this info.
I notice that no shares of UTOG have traded today as of 11:40 EDT.
Any reason why?
Someone bought a block of 100,000 shares after lunch today at .16
Stop and think! UTOG trades less than $15,000/day in dollar volume. The cash value of outstanding shares @.20/share is over $5 million dollars. Divide $15,000 by 5 Mil and it means less than one third of one percent. Don't you think IF there was bad news leaking out more than $15,000 of stock would be sold by scared investors?? Over 99% of us are waiting and when solid news hits good or bad you will see a few hundred thousand dollars worth of stock being dumped if the news is bad or sold by profit takers as the stock goes up.
LETTER I SENT TO FINRA 12/09/11
I had 2 conversations yesterday 12/06/11 with Marvin Ellis El of FINRA. They have asked that as a stockholder of Uniontown Energy, Inc. (UTOG) I send an e-mail to pat.clem@finra.org in which I will be requesting the relisting of the common stock to the OTCBB or requesting that FINRA provide information as to why FINRA continues to delay the relist. Has UTOG provided FINRA everything asked for? Are there any SEC filings that UTOG has not provided? Answers to these questions cannot constitute “insider information” since none of this requested information has anything to do with company operations. Once the stock is relisted the market will then determine the stock’s value based on future information provided by the company. I am requesting that FINRA provide the statute or regulation that lawfully allows them to withhold this information from the owners of a company under their investigation, since Mr. Ellis El told me it was FINRA's "policy" to withhold all information from the owners of companies under FINRA’s investigation.
Failing to provide that info within 72 hours will result in a copy of this request being sent to our U.S Senators and Congressmen requesting their help in overriding your policy.
As I stated to FINRA, they have spent 6 months collecting evidence and if they had found any evidence of wrongdoing by Uniontown Energy they should have provided that to the owners (stockholders) and management of Uniontown Energy forthwith.
The stockholders, who this witch hunt was supposed to protect, saw their equity reduced over 50% in June 2011, (over $15,000,000 loss) as a result of the SEC and FINRA’s decision to delist UTOG's stock with only their “concerns” of allegations as the reason for their action (see FINRA letter below). The general guidelines for halting of trading without due process stated in Rule 6440 below certainly allow for possible abuse by FINRA (see #7 in bold).
. 01 FINRA may impose a trading and quotation halt in an OTC Equity Security pursuant to Rule 6440(a)(3) where FINRA determines, in its discretion, based on the facts and circumstances of the particular event, that halting trading in the security is the appropriate mechanism to protect investors and ensure a fair and orderly marketplace. As a general matter, FINRA does not favor imposing a trading and quotation halt in an OTC Equity Security and will exercise this authority in very limited circumstances.
.02 In determining whether to impose a trading halt under Rule 6440(a)(3), FINRA will consider several factors in making its determination, including but not limited to: (1) the material nature of the event; (2) the material facts surrounding the event are undisputed and not in conflict; (3) the event has caused widespread confusion in the trading of the security; (4) there has been a material negative effect on the market for the subject security; (5) the potential exists for a major disruption to the marketplace; (6) there is significant uncertainty in the settlement and clearance process for the security; and/or (7) such other factors as FINRA deems relevant in making its determination. FINRA may review all or some of these factors as it determines appropriate.
Unsubstantiated actions like this by the SEC and FINRA has not benefited the stockholders of UTOG, who this process is supposed to protect.
FINRA REPLY TO ANOTHER ONE OF UTOG’S STOCKHOLDERS
Dear Mr. Olsen:
This is in follow-up to the staff’s November 8, 2011 E-Mail regarding your October 31, 2011 E-Mail regarding Uniontown Energy Inc. (UTOG).
As you may already be aware, on June 1, 2011 the Securities and Exchange Commission (SEC) ordered a temporary suspension of trading in UTOG, which began at 9:30 a.m. EDT on June 1, and ended at 11:59 p.m. EDT on June 14, 2011 due to concerns regarding, among other things, UTOG’s accuracy and adequacy of publicly disseminated information regarding the acquisition of oil and gas properties.
Please be aware that when an SEC trading suspension is initiated, market participants and their quotes are removed from the security. Once the trading suspension has been lifted, market participants are required to first comply with SEC Rule 15c2-11, which includes the requirement that market participants file a new Form 211 with FINRA, prior to resuming quoting and trading the security. Once cleared, the market maker will be notified that it has been registered in the security and may enter a quote. Additional information about “How To Quote Securities” can be found at http://www.otcbb.com/aboutOTCBB/howtoquote.stm. The SEC’s trading suspension notice of UTOG may be viewed using the following link, http://www.sec.gov/litigation/suspensions/2011/34-64576.pdf, while the SEC’s Investor Bulletin on trading suspensions, may be viewed using http://www.sec.gov/investor/alerts/tradingsuspensions.pdf.
Should you have any questions or if I can be of any assistance in the future, please contact me via E-Mail or by telephone at (240) 386-5129.
Thank you for your interest in this matter.
Sincerely,
Marvin Ellis El
Investigator
Market Regulation
FINRA
9509 Key West Avenue
Rockville, MD 20850
(240) 386-5105
marvin.ellis-el@finra.org
I was informed late last week that FINRA had made their final request for information. I do not remember when that request was made. Seems to me it was a week or two earlier.
According to what I was told from Ameritrade the MM is Colin Stewert. According to the rules of this message board I am not allowed to give my opinion on any of the UTOG developments....so I won't.