Saturday, January 14, 2006 3:38:59 AM
"http://www.sec.gov/news/testimony/testarchive/1998/tsty0598.htm
In testimony before the Senate Permanent Subcommittee on Investigations, Chairman Levitt, on behalf of the Commission, expressed concern about "abuses in the market for micro cap securities, which provides opportunity for small businesses to raise capital, but also provides opportunity for fraudsters to prey on innocent investors."
The fiduciary duty of disclosure imposes on directors and others the duty to speak truthfully when addressing shareholders with respect to certain corporate matters. "(W)hen a corporate board of directors (or a majority stockholder) seeks stockholder action in connection with a tender offer, a vote of stockholders or action by written consent, there arises a fiduciary obligation to disclose fully and fairly all material facts within the board’s (or majority stockholder’s) control."
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