Flexpower Inc. (FLXP)

[Jim Bishop]

There's no safe harbor for penny stocks.

Exclusions

Except to the extent otherwise specifically provided by rule, regulation, or order of the Commission, this section shall not apply to a forward-looking statement--


that is made with respect to the business or operations of the issuer, if the issuer--


a. during the 3-year period preceding the date on which the statement was first made--


was convicted of any felony or misdemeanor described in clauses (i) through (iv) of section 15 (b)(4)(B) of the Securities Exchange Act of 1934; or


has been made the subject of a judicial or administrative decree or order arising out of a governmental action that--


prohibits future violations of the antifraud provisions of the securities laws;


requires that the issuer cease and desist from violating the antifraud provisions of the securities laws; or


determines that the issuer violated the antifraud provisions of the securities laws;


makes the forward-looking statement in connection with an offering of securities by a blank check company;


issues penny stock;


makes the forward-looking statement in connection with a rollup transaction; or


makes the forward-looking statement in connection with a going private transaction; or


that is--


included in a financial statement prepared in accordance with generally accepted accounting principles;


contained in a registration statement of, or otherwise issued by, an investment company;


made in connection with a tender offer;


made in connection with an initial public offering;


made in connection with an offering by, or relating to the operations of, a partnership, limited liability company, or a direct participation investment program; or


made in a disclosure of beneficial ownership in a report required to be filed with the Commission pursuant to section 13(d) of the Securities Exchange Act of 1934.



http://www.law.uc.edu/CCL/33Act/sec27A.html