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Re: TenKay post# 82303

Friday, 06/03/2022 4:17:22 PM

Friday, June 03, 2022 4:17:22 PM

Post# of 180152
Had to get another opinion.The following was sent to me by Janice Shell (posted with permission):

TenKay is correct. Though there may be some changes coming up. Historically, a lot of SEC regulations that seem sensible haven't applied to companies with no stock registered with the SEC: Reg FD, safe harbor, and more.

That is gradually being changed. Perhaps the most surprising to most people was the revelation--when the amended Rule 15c2-11 was proposed--that the SEC definition of a "shell company" didn't apply to non-registrants. That was fixed by the amended rule.

This, from one of the posts you cite, makes no sense:

There are plenty of international stocks that trade on the OTC like Adidas and Volkswagen.

Do international companies like that, who trade on the OTC not protected by safe harbor statements in the same way as Big Board competitors like Nike and Ford?

Of course they're protected. Not only do their shares trade on major foreign exchanges, but the ADRs (American Depository Receipts) that trade in this country are REGISTERED WITH THE SEC. As an example, here's Nestle:

https://www.sec.gov/cgi-bin/browse-edgar?CIK=0000792990&owner=exclude

Same for Adidas and Volkswagen:

https://www.sec.gov/cgi-bin/browse-edgar?CIK=0001011311&owner=exclude

https://www.sec.gov/cgi-bin/browse-edgar?CIK=0000839772&owner=exclude

So... Some OTC issuers are protected by safe harbor. I'd add that the ADRs of Nestle, Adidas, and Volkswagen aren't penny stocks, either. Safe harbor may be extended to cover them, but it hasn't happened yet.


Janice sends her best to all.

TRIGGER WARNING! My posts are just my OPINION(S) and MUSINGS at the time of posting them and are subject to change.

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