RCC Holdings Corp fka RCCH

[JohnWilliams]

RCCH not required to file 5% rule

The way I read it is that if the shares were restricted and had no voting rights, then RCCH would not be in violation of the 5% rule.

Beneficial Ownership Disclosure Requirements: Exchange Act Regulation 13D45

Rule 13d-1 of the Exchange Act46 requires any person who becomes a beneficial owner of more than five percent of a class of equity security47 to file a statement containing the information required by either Schedule 13D or Schedule 13G.48 Under Exchange Act Rule 13d-3(a),49 a person is deemed to be the beneficial owner of a security, for purposes of Sections 13(d) and 13(g) of the Exchange Act,50 if that person has or shares voting and/or investment power with respect to the security. The Rule deems a person to be the beneficial owner of a security if that person has the right to acquire beneficial ownership of the security within 60 days, including, but not limited to, a right to acquire it through exercise of an option, warrant, right or through the conversion of another security.51 Any person who acquires the right to acquire a security in this manner with the purpose or effect of changing or influencing control of the issuer of the security is immediately deemed to be the beneficial owner of the security upon acquisition of the right to acquire the security, regardless of when the right is exercisable.52

http://www.sec.gov/rules/interp/33-8107.htm