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Re: Here 4 Now post# 535

Wednesday, 04/01/2015 10:55:34 AM

Wednesday, April 01, 2015 10:55:34 AM

Post# of 592
We are just screwed. SEC has proven again how useless they are.
Question to SEC
NXT Nutritionals seems to be out of business. ( ticker NXTH) Why is the stock still trading, and to whom did the new company (SBS) pay for the rights to all of the companies assets? Are the stockholders just out in the cold? They had a government contract and the new owners now have that contract. Why didn't the shareholders get any of the proceeds from the sale of NXT? Is this legal?
Response from SEC
Thank you for contacting the U.S. Securities and Exchange Commission (SEC) to inquire about the status of trading in NXT Nutritionals Holdings, Inc. (NXT). If I understand you correctly, you would like to know if the company has been sold and, if so, how that sale affects the rights of people who owned NXT stock prior to the sale.

Based on the research I conducted, NXT submitted a Form 15 filing to the SEC on May 15, 2012, terminating its securities registration under the Securities Exchange Act of 1934 (the ’34 Act) and suspending its obligation to file periodic reports under sections 13 and 15(d) of the ’34 Act. In doing so, NXT relied on ’34 Act Rule 12g-4(a)(1) which allows issuers to terminate their SEC reporting obligations upon certifying that there are less than 300 persons holding interests in the particular class of registered shares. You may review the relevant NXT Form 15 filing at www.sec.gov/Archives/edgar/data/1417425/000121390012002719/f1515d_nxt.htm.

Although NXT’s SEC registration has terminated, the stock is still traded on the OTC Pink Marketplace (OTC Pink), and its trading information is available at www.otcmarkets.com/stock/NXTH/quote. Unlike companies issuing stock that trades on a national securities exchange like the New York Stock Exchange or NASDAQ, companies whose stocks trade on OTC Pink generally do not file financial and other reports with SEC. Please note, however, OTC Pink has issued an “OTC Pink Stop No Information” warning regarding NXT. Stop warnings indicate companies that are not able or willing to provide disclosure to the public markets -- either to a regulator, an exchange, or the OTC Markets Group. Companies in this category do not make current information available via the OTC Disclosure and News Service -- or if they do, the available information is not current (i.e., more than six months old). Companies subject to OTC Pink “Stop No Information” warnings include defunct companies that have ceased operations as well as ‘dark’ companies with questionable management and market disclosure practices.

You should be aware that the SEC does not have a rule prohibiting the trading of stock in defunct companies. For more information about trading in the stock of defunct companies, you may wish to review our related Fast Answer at www.sec.gov/answers/dfnctco.htm. We provide the following additional resources for investors interested in these topics as well: Over-the-Counter Market (www.sec.gov/divisions/marketreg/mrotc.shtml); OTC Bulletin Board (OTCBB) (www.sec.gov/answers/otcbb.htm); OTC Link LLC (www.sec.gov/answers/pink.htm); Penny Stock Rules (www.sec.gov/answers/penny.htm); Microcap Stock: A Guide for Investors (www.sec.gov/investor/pubs/microcapstock.htm); and Microcap Fraud (www.sec.gov/spotlight/microcap-fraud.shtml).

Please note that our resources indicate NXT continues to trade actively and identify the relevant transfer agent as Corporate Stock Transfer, Inc. (CST). Accordingly, CST may be able to assist you with additional questions about NXT stock trading status. To contact CST by telephone, please dial (303) 282-4800 or use the contact information provided on the CST website at www.corporatestock.com.

Finally, if you still have questions about the company’s status as a going concern, you may wish to contact the Delaware Secretary of State because Delaware is the state in which NXT was incorporated. Contact information for Delaware Secretary of State Jeffrey Bullock is available at www.nass.org/contact/sos-members/hon-jeffrey-bullock-d/.

If you have further questions after consulting the resources recommended above, please feel free to contact us. Thank you again for your inquiry.

Sincerely,

Rebecca Ament Marquigny
Senior Counsel
Office of Investor Education and Advocacy
U.S. Securities and Exchange Commission
(800) 732-0330
www.sec.gov
www.investor.gov
www.twitter.com/SEC_Investor_Ed

File Attachment:
Correspondent Name: Mr. David Kinney
Create Date: 2015-02-18 05:03:08
Origin: Web
File #: HO::~00462498~::HO
Description: