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Wednesday, April 25, 2012 4:51:51 PM
Fiduciary Duty states that they have to act in the best interest of their client. In this scenario shareholders=client. I think we can agree on that.
First of all let me point out that as of this very point in time the majority 51% ownership of the common shares lies within the control of the 3 executives: Brad, Cory, and Jeremy. Therefore, the "fiduciary duty" of the company is to make these 3 people happy, since they are the majority.
So as it pertains to the fiduciary duty of the company to its majority shareholders, as long as these 3 guys are on the same page, then your claims of breach of fiduciary duty are meaningless as you are the minority. Shareholders are a collective group of 1.
When I stated, "seeing how they are able to keep it down" i was referencing to the legality of their actions.. as it pertains to the rules of the share buy back, which I have sourced for you in two locations on previous posts.
An issuer can repurchase its common shares only at a price that is no higher than the current independent bid or the last independent transaction price, whichever is higher.
Read more: Share Buyback Rules | eHow.com http://www.ehow.com/list_6735147_share-buyback-rules.html#ixzz1t5SOGSCP
Since investors are bidding lower than the ask (obviously), and the bid is getting whacked, then they can not repurchase shares any higher than that whacked bid price. If a sell goes through an independent price then it will move up, investors will notice the increased price and whack the bid to get out of their positions, then the price will drop causing them to sit on the bid even lower. This cycle will repeat itself. Until you get the buying power available to buy out of the .02 level we will sit here.
Also, I am still looking forward to a source for you rules pertaining to limits on share buy backs. When/If you provide one I will mark it off as in fact a rule and move on to the next topic. But until then I will still operate under the belief that they can buy back more and will
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