Friday, August 12, 2016 4:29:28 PM
You are absolutely correct and investors should expect that shares that have been held for 2 years will be eligible for legend removal and re-sale. The rule is Section 4(a)(1) – see http://us.practicallaw.com/2-383-2625. Brokerage firms and transfer agents accept deposits of shares and requests for legend removals based on this Rule without the use of Rule 144. It has become common practice over the past few years. Shareholders of a company should expect 2 year old shares to hit the market and not be surprised by any increase in the public float when that happens. However, I don’t think management can rely on the rule.I'm sure there are plenty of securities attorney who can can do it. If anyone has questions about this they should contact their broker of course.
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