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Re: PennyHoper post# 14162

Thursday, 02/03/2022 11:43:31 AM

Thursday, February 03, 2022 11:43:31 AM

Post# of 25218
PennyHoper: I'll 'italic' each question and then black hilite a response:

Section III.B of the Order says:
"B. Whether it is necessary and appropriate for the protection of investors to suspend for a period not exceeding twelve months, or revoke the registration of each class of securities registered pursuant to Section 12 of the Exchange Act of the Respondent, and any successor under Exchange Act Rules 12b-2 or 12g-3, and any new corporate names of the Respondent.


The SEC Admin. Law Judges have always chosen to revoke an SEC Registered company's registration rather than suspend the stock for up to 12 months.

All I'm wondering is whether that's truly his only choice, or if 'suspension' is something he could "respectfully accept", and if so, how would that be different from immediate revocation?

A company has only 2 choices: respectfully accept the A.L.J. revoking the company's stock registration(s) which would buy some good will IF the company decides to re-register with the SEC with a new FORM 10, or wait until the A.L.J. forcefully revokes the company's stock registration which puts more workload on the A.L.J.....bad karma IMO.

Is it possible for any company (like WCVC) to 'pull a fast one' and DE-register with the SEC while NOT losing its ticker symbol?

No....it is too late to file a FORM 15 to de-register. The time to de-register was before the SEC takes action, not after.

Are suspension and revocation distinct, but often enforced at the same time, or are they not only distinct, but sometimes only one is enforced for a time (like suspension)? Or, are they actually the same thing (but again, the Order makes it sound like they are distinct)?

Suspensions and Admin. Proceedings are the charges, whereas revocation is the punishment that occurs when the A.L.J. renders a verdict.

Prior to Sept 27th, 2021 the SEC suspended SEC Registered stocks that were severely delinquent in filing Financials. The suspension was always accompanied with an Admin. Proceeding which was an action to revoke the offending company's stock registration(s). The second type of SEC Suspension occurs when there are allegations of fraud/securities violations for either SEC Registered stocks (recent example INSD) or Alternative Reporting OTC stocks (ie., not SEC Registered but submits Fins to OTC Markets not to EDGAR).

After Sept. 27th, 2021 the SEC implemented Amended Rule 15c2-11 where companies lost Market Maker quotations if a company's disclosures were not current and adequate. This applied to SEC Registered stocks that were severely delinquent in filing Financials to EDGAR or to Alternative Reporting (ie., not registered with the SEC) that had no current or adequate disclosures to OTC Markets. The Amended Rule 15c2-11 meant that the SEC no longer needed to suspend SEC Registered stocks that were severely delinquent in filing Financials because those stocks lost Market Maker quotations on either the Grey Market or the very deceptive Expert Market.....an OTC Markets invention that the SEC DOES NOT APPROVE.

So, the SEC did not need to suspend WCVC or any other delinquent SEC Registered stock because those stocks had already lost Market Maker quotations under the Amended Rule 15c2-11. The SEC only needed to file an Admin. Proceeding to revoke the company's stock registration(s).

The SEC will still suspend a stock for fraud and other Securities violations, eg., INSD.


To bite the worm of incite is to bite the HOOK of the antagonist . They win .

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