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Monday, April 29, 2024 10:41:04 AM
https://brinenlaw.com/securities/what-happens-if-youre-not-sec-compliant/
Section 12(k) Suspension
Disregarding the SEC’s regulations concerning filing can result in a Section 12(k) suspension of trading. With this penalty, the SEC requires that all trading activity must cease for up to ten (10) days — this is to protect investors and the public interest. While a 12(k) suspension is only a temporary penalty, the price of an offering can usually decrease sharply as a result because of a lack of confidence in management.
Section 12(j) Revocation
Revocation proceedings under Section 12(j) of the Securities Exchange Act of 1934 can be commenced when an SEC reporting company fails to comply with its reporting obligations or is delinquent in satisfying any of the SEC’s requirements. Unlike a Section 12(k) suspension which is temporary, a 12(j) revocation prohibits broker-dealers from effecting transactions with the issuer’s securities.
A Section 12(j) revocation is a death sentence for a reporting company and can end all public trading in its stock. Companies have few options available when facing a Section 12(j) proceeding. With the assistance of an experienced securities litigation attorney, they may be able to argue relevant exculpatory facts to the SEC or at an administrative proceeding and submit all missing Form 10-Ks and 10-Qs. A company may also be able to resume trading by preparing a Form 10 registration statement to re-register the stock. This option is time-consuming, costly, and uncertain; companies should ensure they remain current in their obligations to avoid suspension or revocation in the first place.
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