Spongetech Delivery Systems, Inc. (fka SPNGQ)

[loanranger]

TEX,
I must confess that I thought/think that ID Super was correct on this one.

While my initial inclination to believe so was just based on the Form 3 and 4 filings coming on the heels of the Form 8-A filing ("FOR REGISTRATION OF CERTAIN CLASSES OF SECURITIES PURSUANT TO SECTION 12(b) OR (g) OF THE SECURITIES EXCHANGE ACT OF 1934"), I just unearthed a few things that I think you will find supportive.

For one thing, Forms 3 and 4 appear on the SEC list of 1934 Act forms:
http://www.sec.gov/about/forms/secforms.htm

In addition, both Forms 3 and 4 carry the following statement in their heading:
"Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(h) of the Investment Company Act of 1940"

Also, and I hate to rely on common sense in these things, but it's a little hard to believe that the boys just woke up one morning and decided to file some forms, isn't it?

Based on the above, I believe that Form 4 filings would be required for any transactions in the shares by the parties subsequent to the Form 3 filings (which were some days late), but none were required prior to 9/28/09(see note).

I also believe that we are still due a filing from RME....not based on their common holdings, but based on their 18% (5,000,000) holding in the Class B shares. Discussed here if you're interested:
http://investorshub.advfn.com/boards/read_msg.aspx?message_id=42947920

Please note that I have no idea what the ownership filing requirements might have been, if any, prior to the registration of shares under the 1934 Act at the end of September.



note: The signature area of the 8-A shows "Date: September 28, 2008"...........Whoops!