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Sunday, January 28, 2024 10:22:13 PM
To me, it’s plain as day. Calasse was involved in a fraud and that alone rules out any possibility of this working out in his favor. Unless you assume that the SC only cares about extremely minor details and not the entire context of the case, including previous misrepresentations of material fact that may have been made by Calasse himself?
That's why I think the court cares more about actions taken by Sharp in 2022, which you've conveniently labeled "extremely minor details." Except they're not, if the court lacks jurisdiction to cancel shares, that's an extremely major detail.
Common sense would tell me that a fraudulent pump and dump scheme without an SEC registration statement the abandonment of fiduciary duty to the shareholders by the CEO, and no value received for the shares is more than enough to make this case null and void.
I think your understanding would be improved if you didn't just regurgitate buzzwords and actually tried to understand them. There was an SEC registration statement, the issue in Caledonian was how the previous CEO took steps to abuse the process. Calasse wasn't part of that, but you don't seem to care.
And no value received for shares is an allegation made by Sharp. There is a signed stock transfer agreement available on Edgar, and Calasse took possession of the stock certificates as they were registered in his name. That's clear evidence of value received. If you meant by GOFF, then the statute makes clear the debt just needs to be repaid, you can't cancel the shares. If anything they should be sold on the open market and Calasse would receive the remainder after the debt was paid to GOFF.
The truth is never popular.
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