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Wednesday, December 30, 2020 11:25:02 AM
That WOULD be funny.
"The gotcha there is they need to be current with SEC filings, I believe."
I don't think so and I put some effort into the question a while back because I USED TO think so as well. I sent this explanation to a poster who was under the same impression. Please see if it rings true to you:
PTOI filed Form 15 under Rule 12g-4(a). All it requires, if you had less than 10M in assets at the end of the last 3 fiscal years, is that you have less than 500 holders of record when you file the Form 15. PTOI met that qualification.
12g-4(b) is where the "be current" issue comes up and it's a special circumstance requirement:
Termination of registration become effective 90 days after Form 15 is filed. "The issuer's duty to file any reports required under section 13(a) shall be suspended immediately upon filing a certification on Form 15"
BUT:
"if the certification on Form 15 is subsequently withdrawn or denied, the issuer shall, within 60 days after the date of such withdrawal or denial, file with the Commission all reports which would have been required had the certification on Form 15 not been filed."
So it's not STATED but it's obvious:
If the filing of Form 15 itself required that the issuer "be current", then the requirement to BECOME current if the Form 15 is withdrawn or denied withing 60 days, as required by the Rule, is moot...it wouldn't be required because the filings would already have been made.
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But I'll freely admit that I don't know anything about this:
"I think they need to file a 15-15(d-6) after the end of this year."
I've read the rule and it seems redundant, but.....????
“I have had a wonderful time but this wasn't it.”
..........Groucho
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