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Thursday, October 08, 2015 4:29:42 PM
Every personal financial / securities move made by a CEO / affiliate has to be disclosed and properly documented.
Irrespective of whether the company is reporting or non-reporting, the SEC requires holders of over 10% of the company as well as officers and directors to make a Form 4 filing within 2 days of selling company stock. A failure to file Form 4 can lead to censure by the SEC. It's required by law.
There are NO SUCH FILINGS for Kimmons or Kimmons Family Partnership. That's because he has not disposed of any stock in 13 years.
Second, the OTCM Pinksheet filings as well as the audit require that ALL CEO / affiliate securities sales be listed in the Securities Transactions section. ANY AND ALL securities transactions attributable to Kimmons or his family and any other officers / directors would have to be listed there.
A failure to do so would result in suspension by OTC Markets or the auditor refusing to issue their final audit letter. The auditor reviews the company's Transaction Analysis Report provided by the Transfer Agent, which indisputably lists EVERY SINGLE STOCK TRANSACTION for the audit period. They simply do not play around with this stuff. There are NO TRANSACTIONS attributable to Kimmons for over 10 years. The audit therefore serves as UNCONDITIONAL PROOF.
Kimmons and KFP's holdings over the last 10 years have been reported quarterly, with the numbers provided by the Transfer Agent. The total number of shares he has held has gone UP, not DOWN.
Also, look at the total dollar value of shares issued by the company over the last 5 or 6 years, who the shares were attributable to, and who the money went to. It wasn't Kimmons.
The money he received, both cash and via securities, has been shown in every annual report. It wasn't much for the last 6 years.
Finally, Kimmons has been accused of personally receiving MILLIONS OF DOLLARS. If you look at the loss carry-forward shown in the audit, it's $2.5 million. That's the TOTAL amount of money the company received and spent. And that DID NOT GO TO KIMMONS.
Need I go on?
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