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Re: GMA13 post# 33935

Thursday, 07/06/2023 12:21:21 AM

Thursday, July 06, 2023 12:21:21 AM

Post# of 34625
Sorry but NO, that was not great in depth research (twice complimented), as it is Incomplete, 100% Incorrect, and 100% does NOT apply to Marker.
And his comment "Smelling that OTC move" added a lot to the conversation.

If one wants to be simple, all they have to do is a Google search on "does nasdaq require a public company to have a full time CFO" and right at the top of the page click on the first article and they can copy and paste: "SEC rules and the sarbanes-oxley act section 404(b) impose heightened obligation on the CFO of a public company, including the requirement to certify the company's periodic financial statements. Given the importance of this role and the complexities of the accounting rules and
practices related to ongoing businesses operations, Nasdaq expects listed operating companies to employ a full-time CFO."

But if one really want to do research, Read the Sarbanes-Oxley act section 404 2009 SEC review.
https://www.sec.gov/news/studies/2009/sox-404_study.pdf
Section 404(a) of the Act requires management to assess and report on the effectiveness of internal control over financial reporting (“ICFR”). (management, not specifically a CFO).
Section 404(b) requires that an independent auditor attest to management’s
assessment of the effectiveness of those internal controls.

But NONE of that applies to MARKER.
A simple copy and paste from 2009 is meaningless unless it STILL applies, which it does NOT.
Dodd Frank was passed in 2010.
In 2010 the SEC amended Sarbanes-Oxley act section 404 and made a carve out for companies like Marker.
SECURITIES AND EXCHANGE COMMISSION: ACTION: Final rule:
SUMMARY: The Securities and Exchange Commission (“Commission”) is adopting amendments to
its rules and forms to conform them to Section 404(c) of the Sarbanes-Oxley Act of 2002 (the
“Sarbanes-Oxley Act”), as added by Section 989G of the Dodd-Frank Wall Street Reform and
Consumer Protection Act (the “Dodd-Frank Act”). Section 404(c) provides that Section 404(b) of the
Sarbanes-Oxley Act shall not apply with respect to any audit report prepared for an issuer that is
neither an accelerated filer nor a large accelerated filer as defined in Rule 12b-2 under the Securities
Exchange Act of 1934 (the “Exchange Act”).

THEN on June 28, 2018, the SEC adopted amendments to the definition of “smaller reporting company” that were effective on September 10, 2018. Under the new definition, generally, a company qualifies as a “smaller reporting company” if:
it has public float of less than $250 million OR
it has less than $100 million in annual revenues and no public float OR public float of less than $700 million.
https://www.sec.gov/education/smallbusiness/goingpublic/SRC?auHash=EgbHNB-hBkK_PuxhVPqD43OmQjjmU3hlKsREq5t5-Rw
https://www.ecfr.gov/current/title-17/chapter-II/part-229/subpart-229.1/section-229.10
https://www.ecfr.gov/current/title-17/chapter-II/part-210/subject-group-ECFR9da2cb911847a61

So, the great research postulated does NOT apply at all to MARKER.
A chimp can learn to copy and paste, but a chimp can't take the time involved to do actual research.
So again, as Shakespeare said "it is a tale told by an idiot, full of sound and fury, signifying nothing.”
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