Wednesday, March 21, 2012 3:55:34 PM
On March 15, 2012, the SEC ruled In the Matter of the Application of International Power Group, Ltd. for review of action taken by Depository Trust Company or DTC. The DTC suspended the electronic trading two years ago simply because the SEC started a case alleging, among other things, sales of unregistered securities by IPG (but neither IPG nor its officers or directors were named.)
The SEC has now ruled that IPG is a "legal person" entitled to a fair and orderly procedure, including a hearing and the opportunity to appeal the matter to the SEC, with respect to the suspension and that DTC "did not provide IPG with adequate fair procedure in connection with the suspension. DTC tried to argue that IPG, since it is not a broker-dealer "participant," was not a "person."
More importantly, the Commission also directed DTC to "adopt procedures that accord with the fairness requirements of [the Securities Exchange Act], which may be applied uniformly in any future such issuer cases."
This ruling is good news for issuers facing a so-called DTC eligibility commonly referred to as DTC "chill." It is now clear they have standing to insist on a proper and fair hearing, and the chance to appeal to the SEC if they are not satisfied.
For details see:
http://www.sec.gov/litigation/opinions/2012/34-66611.pdf
www.dtceligibility.com
Michael Fugler, NIBA Advisory Committee Chairman
Emily Foshee, NIBA Executive Director
Recent MIKP News
- Form DEF 14C - Other definitive information statements • Edgar (US Regulatory) • 11/28/2023 10:00:20 PM
- Form 10-Q - Quarterly report [Sections 13 or 15(d)] • Edgar (US Regulatory) • 11/22/2023 06:06:28 PM
- Form NT 10-Q - Notification of inability to timely file Form 10-Q or 10-QSB • Edgar (US Regulatory) • 11/14/2023 07:00:35 PM
- Form PREM14C - Preliminary information statements relating to merger or acquisition • Edgar (US Regulatory) • 11/02/2023 04:01:43 PM
- Form PRE 14C - Other preliminary information statements • Edgar (US Regulatory) • 10/04/2023 04:01:33 PM
- Form 10-12G/A - Registration of securities [Section 12(g)]: [Amend] • Edgar (US Regulatory) • 08/23/2023 08:54:45 PM
- Form 10-Q - Quarterly report [Sections 13 or 15(d)] • Edgar (US Regulatory) • 08/22/2023 06:10:15 PM
- Form NT 10-Q - Notification of inability to timely file Form 10-Q or 10-QSB • Edgar (US Regulatory) • 08/14/2023 01:07:41 PM
- Form 10-Q - Quarterly report [Sections 13 or 15(d)] • Edgar (US Regulatory) • 06/28/2023 01:43:32 PM
Last Shot Hydration Drink Announced as Official Sponsor of Red River Athletic Conference • EQLB • Jun 20, 2024 2:38 PM
ATWEC Announces Major Acquisition and Lays Out Strategic Growth Plans • ATWT • Jun 20, 2024 7:09 AM
North Bay Resources Announces Composite Assays of 0.53 and 0.44 Troy Ounces per Ton Gold in Trenches B + C at Fran Gold, British Columbia • NBRI • Jun 18, 2024 9:18 AM
VAYK Assembling New Management Team for $64 Billion Domestic Market • VAYK • Jun 18, 2024 9:00 AM
Fifty 1 Labs, Inc Announces Acquisition of Drago Knives, LLC • CAFI • Jun 18, 2024 8:45 AM
Hydromer Announces Attainment of ISO 13485 Certification • HYDI • Jun 17, 2024 9:22 AM