InvestorsHub Logo
Followers 17
Posts 24
Boards Moderated 0
Alias Born 05/13/2010

Re: None

Monday, 06/28/2010 2:48:48 PM

Monday, June 28, 2010 2:48:48 PM

Post# of 3162
Company's filing of Form 15-12B on January 22, 2010 is HIGHLY questionable.

The are using that filing, and rule 12g-4(a)(1) (which allows a company to delist its stock if it has fewer than 300 shareholders of record), to get out of having to file SEC reports, proxy statements, etc. This is not appropriate public company behavior.
And it certainly doesn't reflect a board fulfilling its fiduciary obligations.
FYI-

http://www.law.uc.edu/CCL/34ActRls/reg12G.html

and especially this-

http://www.law.uc.edu/CCL/34ActRls/rule12g5-1.html

NOTE section b. 1.

The company is likely trying to count DTC (Depository Trust Corp) as only 1 shareholder, when in fact it may represent hundreds of shareholders who hold their stock in street name. Look at the numbers of shareholders listed in the 10q of Q1 2009, then look at the number of shareholders listed in the disclosure statements filed as recently as April and May. In all three cases the number of shareholders easily exceeds 300, probably exceeeds 500.
The company should withdraw their 15-12b filing immediately. The company's citation of progressively lower shareholder counts 600, 126, 61, 57 over the last 12 months defies belief.

Maybe the next letter writing campaign should go to the SEC ;)

Join the InvestorsHub Community

Register for free to join our community of investors and share your ideas. You will also get access to streaming quotes, interactive charts, trades, portfolio, live options flow and more tools.