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Thursday, February 02, 2023 8:24:55 AM
1- control persons controlling 5% or more of a particular class of stock
2- officers and directors
For #1, you don't have to disclose ownership of shares below the 5% threshold.
For #2, you have to disclose ownership of any shares, REGARDLESS OF THE AMOUNT.
It says it on the freaking table I've quoted a dozen times. This isn't intended to trick people, it literally says to include all shares owned by insiders.
But here, I'll use a different example of why it is necessary to disclose this information.
Public Float means the total number of unrestricted shares not held directly or indirectly by an officer, director, any person who is the beneficial owner of more than 10 percent of the total shares outstanding (a “control person”), or any affiliates thereof, or any immediate family members of officers, directors and control persons.
A lot of people simplify float as OS minus restricted shares. But that isn't accurate, the actual calculation also removes unrestricted shares owned by the officers, directors, and control persons (10%+ owners). So the amount of shares matters for control persons, but ANY UNRESTRICTED COMMON SHARES NEED TO BE DISCLOSED FOR OFFICERS AND DIRECTORS, REGARDLESS OF THE AMOUNT.
If someone can't tell that a shell is a shell, can you trust anything else that they say?
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