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Wednesday, June 19, 2013 5:29:26 PM
Yes, they're definitely affiliates. But generally speaking, that would only affect how much stock they can sell in any quarter, and of course would require them to report their holdings and their trades to the SEC. Though they haven't really been obliged to do that since the company went dark.
So I don't know why they filed those last few Schedules 13. They did the same with TCPS after it filed a Form 15. And then eventually they filed a last 13 saying they'd realized they didn't have to bother.
And that's why we don't really know how much stock they own now. They may have simply stopped making insider filings, which it is their right to do.
Even as affiliate, I don't believe they can appoint a board, much less officers who would contact FINRA on the company's behalf. Officers are appointed by the board.
Normally, when both management and directors of a company resign, as their last act they appoint some new directors. Then the new directors appoint new officers. They could have done that in the 8-K of 31 December.
But they didn't.
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