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Re: louisa post# 22822

Monday, 03/29/2010 11:17:42 AM

Monday, March 29, 2010 11:17:42 AM

Post# of 92948
louisa,

IMO, ACT did everything according to rule when they became fully compliant with the SEC filings. They got a market maker to sponsor them, meaning they have in possession all info and records required here:
http://www.law.uc.edu/CCL/34ActRls/rule15c2-11.html
Once the "frequency-of-quotation test" is applied/approved then other market makers are piggyback qualified meaning they do not have to submit a 211 to play the game. So, once our sponsoring MM did not quote ACT according to FINRA rules, we were removed. I would assume ACTC is working on or has another MM in line to submit a 211 to resume being quoted on OTC:BB. In February we had 24 MM's that actively traded ACTC, one would be our Sponsor MM and quite possibly 23 of them piggybacked. IMO, the only thing ACTC could have done differently was to have 2 or more sponsor MM's which in most cases is not necessary. Anyway, that is how I read it and I don't blame ACTC at this time.
____________________________________________________________________
How many market makers are required for a security to be on the OTCBB? A minimum of one market maker is needed. Instructions on how to get a list of market makers are above.

How does a company get on the OTCBB?
An issuer may not submit an application directly to be quoted on the OTCBB. A market maker must sponsor the security and demonstrate compliance with SEC Rule 15c2-11 before it can initiate a quote in a specific security on the OTCBB. Please visit our How To Quote Securities page in Market Maker Services for detailed information on quoting a security on the OTCBB.

Piggy-Back Rule
A "piggyback qualified" security is one that meets the frequency-of-quotation requirement described in SEC Rule 15c2-11(f)(3). The frequency-of-quotation test or "piggyback" exception is based on whether a broker/dealer has itself published quotations in the security in the applicable interdealer quotation system on at least 12 business days during the preceding 30 calendar days, with not more than four consecutive business days without quotations. Once this criteria has been satisfied, authorized participants may register on-line in a security. As long as the security remains piggyback qualified, any participant may quote the security without a Form 211 submission.
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