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Re: loanranger post# 273619

Wednesday, 12/30/2009 4:47:51 PM

Wednesday, December 30, 2009 4:47:51 PM

Post# of 346917
Rule 15c2-11 -- Initiation or Resumption of Quotations without Specified Information includes the following phrase:

"Provided further, That the broker or dealer has a reasonable basis under the circumstances for believing that the issuer is current in filing annual, quarterly, and current reports filed pursuant to Section 13 or 15(d) of the Act"

Hopefully that explains what the SEC requires prior to a broker providing quotes to its customers.

Here's where some interpretation and careful reading comes into play:
There are a few people that believe that the company has provided FINRA the long overdue 10K's and Q's so that FINRA can essentially pre-approve the company's re-listing. However, as you can see in the amazingly clear language of the rule, it requires the company to be current in its filings and that those filings have been filed. It isn't and they haven't.

FINRA can "hold up" the filings after they have been filed and probably will. After all, the market maker that files the Form 211 to formalize the process not only has to attach the filings but, according to the rule also has to have "in its records the documents and information required by this paragraph (for purposes of this section, "paragraph (a) information"), and, based upon a review of the paragraph (a) information together with any other documents and information required by paragraph (b) of this section, has a reasonable basis under the circumstances for believing that the paragraph (a) information is accurate in all material respects, and that the sources of the paragraph (a) information are reliable.

Hope this helps.
For future reference, it's not that complicated it just takes some work.

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