| Followers | 225 |
| Posts | 18430 |
| Boards Moderated | 3 |
| Alias Born | 03/02/2014 |
Friday, June 03, 2022 4:17:22 PM
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.

