One Step Ahead

[Euthydemus]

ZENINVESTOR32

You wrote:

"THEN I think the "big" news will be that we have finished our filing and it has been submitted to the SEC for their approval. My understanding is that if this is done properly (and I think it's safe to assume that Roger's presence will ensure this), it could be approved and ready for "fully reporting" status and otcbb trading as early as 6 weeks later. So if this news hits that we've filed with the SEC soon, 6 weeks out puts us just past the November 30 GEMM part 2 distribution. Which would validate that the dividends were being used to force a squeeze while in the mean time, the filing was being prepared and getting the company ready for fully reporting status. This filing part is all guesswork on my part. For all I know, the filing has already been submitted to the SEC. Only Roger, Urban and his accountants likely know the status on this."

http://www.investorshub.com/boards/read_msg.asp?message_id=4308272

Electronic SEC filings to EDGAR are available to the public within minutes. If errors or oversights are found during ongoing reviews, amendments are also filed electronically. Check the EDGAR filings for any number of companies. The filing dates and publication dates are most often the same and any filings that required amendments are left in place to provide a filing "audit" trail of sorts. I believe that your "guesswork" in this matter is factually inaccurate and not consistent with the regulatory evidence.

There is no evidence that CMKM Diamonds has sought or has been granted an exemption from filing electronically. Therefore, CMKM along with all other companies required to file forms with the SEC must file those forms electronically through the EDGAR system.

Below are posted the conditions under which CMKX would be allowed an electronic filing exemption. I am unaware that any of these apply to CMKM Diamonds. If there is information available which I and others are unaware of, please post it. Thanks.

In early 1993, the Commission began to mandate electronic filings through its Electronic Data Gathering, Analysis, and Retrieval system, EDGAR. This system is intended to benefit electronic filers, enhance the speed and efficiency of SEC processing, and make corporate and financial information available to investors, the financial community and others in a matter of minutes. Electronic dissemination generates more informed investor participation and more informed securities markets. The Commission awarded a contract to TRW, Inc. (now Northrup Grumman), effective July 1, 1998, for the modernization of the EDGAR system.

http://www.sec.gov/info/edgar/regoverview.htm

5. Hardship Exemptions/Adjustment of the Filing Date

Two hardship exemptions are available to permit a filing or other submission to be made in paper rather than electronic format. First, Rule 201 of Regulation S-T provides a temporary hardship exemption for electronic filers, generally for unanticipated technical difficulties in submitting an electronic document. The exemption may be appropriate, for example, for a particular document that a filer is unable to file electronically because of problems with the filer's computer equipment that had been used previously to transmit either test or required electronic filings successfully. Under that exemption, the filer may make the filing in paper (with a legend on the cover page identifying it as being submitted under Rule 201) and then follow it with a confirming electronic copy within six business days so that the electronic database will be complete. An electronic filer may take advantage of the exemption simply by filing the subject document in paper under cover of Form TH, Notification of Reliance on Temporary Hardship Exemption. No Commission staff involvement is required. If the filing is an exhibit only, then filers must submit the documents under cover of both Form TH and Form SE. The sanctions for violating electronic filing requirements mentioned above also apply where a filer is required to submit a confirming electronic copy of a document filed in paper under a temporary hardship exemption but fails to do so. The temporary hardship exemption is not available for Forms 3, 4 and 5.

Second, under Rule 202 of Regulation S-T, a continuing hardship exemption is available to electronic filers under limited circumstances for exhibits or a filing or group of filings. For example, this exemption might be appropriate for an exhibit consisting of another government agency's voluminous form that a filer cannot convert into electronic format without causing the filer undue hardship. Unlike the temporary hardship exemption, the staff must act upon a written application for a continuing hardship exemption. If the staff grants the exemption, the filer may make the submission in paper.

In most cases, a filer need not follow up a paper filing under a continuing hardship exemption with an electronic copy. However, under some circumstances, the staff believes that it would be in the public interest for the electronic database to contain the document in question. Rule 202(d) allows the grant of a continuing hardship exemption for a limited time only. When the time is up, the filer must submit a confirming electronic copy.

Paper filings submitted under a continuing hardship exemption must include a legend on the cover page of the document identifying it as being submitted in paper under Rule 202 of Regulation S-T. If the filing is an exhibit only, then filers must submit the document under cover of Form SE. Corporation Finance filers should direct inquiries concerning continuing hardship exemptions to the Office of EDGAR and Information Analysis in the Division of Corporation Finance at [phone]. Investment company filers should direct their inquiries to the EDGAR contact in the Division of Investment Management at [phone]. Public Utility Holding companies should direct their requests to the Office of Public Utility Regulation in the Division of Investment Management at [phone].

In addition to the two hardship exemptions, Rule 13 of Regulation S-T permits an electronic filer to request an adjustment of the filing date of an electronic document when the filer encounters technical problems beyond its control that prevent electronic submission by the due date specified by the applicable form or rule. Filers should direct requests for filing date adjustments to the contacts listed in the previous paragraph.

http://www.sec.gov/info/edgar/regoverview.htm