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Saturday, July 17, 2021 3:58:26 PM
I understand safe harbor is protection from stated business conditions that may not materialize (EG merger, buyout, partnership, etc.).
It is not protection from securities fraud violation for material misstatement of fact...
The focus and strategy going forward in the coming months will be to bring the status of the company current with OTC Markets,
Making Southcorp current with the OTC is our primary objective, currently.
--Mark Bolster CEO, STHC
It seems quite clear these statements meet the definition for manipulative conduct - statements and conduct intending to mislead investors by artificially affecting market perception.
Given the deadlines and requirements for becoming pink "current" It is obvious that Mark's statements were purposeful material misstatement intended to mislead investors.
Mark reasonably fostered an expectation, but failed to deliver on it. Mark as fiduciary and shareholders as owners, in privity, shareholders were led falsely, by Mark's affirmative conduct, to expect that Mark would meet his "primary objective" which is independent and mutually exclusive of any outstanding forces or forward looking statements.
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