I agree they have no impact.....however they must be included in the O/S.....they are definitely not in the float. You cannot issue shares and not count them as something.
You cannot just issue shares either restricted or non restricted and have them not counted somewhere.
The correct phrasing would be "the current O/S is 82 million with 40 million of those being restricted and approximately 37 million held by close hands leaving an estimated 3 million in the float".
However, I am still not convinced the float is 3 million.
You are corect about them showing in the next filing....however sometimes that is too late and a company could have increased the O/S without anyone knowing. It's best to call the TA.