The exemption was claimed based on these terms of CMKM.
Definition of: under Rule 12g-4(a)(1)(i). a. Termination of registration of a class of securities shall take effect 90 days, or such shorter period as the Commission may determine, after the issuer certifies to the Commission on Form 15 that: 1. Such class of securities is held of record by: i. Less than 300 persons; or
CMKM claims there are less than 300 shareholders of the corporation.
Rule 12g5-1 -- Definition of Securities "Held of Record"
a. For the purpose of determining whether an issuer is subject to the provisions of Sections 12(g) and 15(d) of the Act, securities shall be deemed to be "held of record" by each person who is identified as the owner of such securities on records of security holders maintained by or on behalf of the issuer, subject to the following: 1. In any case where the records of security holders have not been maintained in accordance with accepted practice, any additional person who would be identified as such an owner on such records if they had been maintained in accordance with accepted practice shall be included as a holder of record.
If CMKM has more than $10 million dollars of assets.
CMKM no longer qualifies for Exemption Status
And must become fully reporting.
Because:
Rule 12g5-2 -- Definition of "Total Assets"
2. For the purpose of Section 12(g)(1) of the Act, the term total assets shall mean the total assets as shown on the issuer's balance sheet or the balance sheet of the issuer and its subsidiaries consolidated, whichever is larger, as required to be filed on the form prescribed for registration under this section and prepared in accordance with the pertinent provisions of Regulation S-X. Where the security is a certificate of deposit, voting trust certificate, or certificate or other evidence of interest in a similar trust or agreement, the "total assets" of the issuer of the security held under the trust or agreement shall be deemed to be the "total assets" of the issuer of such certificate or evidence of interest. maintained in accordance with accepted practice shall be included as a holder of record.