If Amendment No. 3 has not been filed yet, then the SEC review is still active, and the Form 10 is still in draft status not effective under Section 12(g).
Respectfully, I believe you’re misapplying SEC 116.06.
That rule only applies after the Form 10 has been filed and 60 calendar days have passed without further amendments. If RITE is still submitting responses to SEC comments (an upcoming third amendment), then the effective date hasn’t arrived.
RITE hasn’t filed the third amendment yet, so the 60-day countdown hasn’t even started. Every time they update the Form 10 (to fix things the SEC asked about), the clock resets.
So until they file the final version and leave it untouched for 60 days, the Form 10 doesn’t go effective. That means RITE is not yet officially a fully-reporting company under SEC rules.
Your statement only applies AFTER that 60-day period ends WITHOUT new changes.
Respectfully, Form 10 isn’t effective yet if the third amendment hasn’t been filed.
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