Wednesday, November 30, 2011 8:00:37 AM
"In addition, since no 8k was filed when a conversion was actually made, it appears these Material Event(s) were withheld from the shareholders."
That statement is inaccurate. A conversion is a result of prior disclosed financial transaction and does not require 8-K in and of itself. A conversion is normally reported on periodic filing as update to the transaction, e.g. 10-Q.
Futher, ASFX was not a registered full SEC filer until this year and prior material events don't get 8-K treatment, e.g. an event say a year ago November wouldn't require a retro-8K, as the 8K is essentially an alert for a current material event, as defined under rule. A material "impact" may also assess whether an 8-K is or isn't deemed necessary for an event, or whether it's disclosure is mandated under rule. Legal proceedings that have limited or no material impact or are resolved with NDA or privacy issues, might be a good case example, e.g. an employee grievance with settlement.
What ASFX has done to explain prior material information that had the Pink Limited disclosure method and bring shareholders to date, is to file the 10-K for last year with sufficient details to provide a baseline.
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