Sunday, January 12, 2014 1:01:17 PM
You need a 211 by a sponsoring MM submitted to FINRA. That process in itself only takes 1-2 months. However, the problem is finding a MM willing to sponsor the 211.
No MM will sponsor a 211 for a previously suspended grey unless two conditions are met:
1. The company must register its stock with the SEC via a 10-12G, and/or S1 filing. The SEC may take 6-8 months to approve.
2. The company must show the MM they have received a Termination Notice from the SEC closing the investigation. The SEC is forbidden by law to comment on the status of any investigation whether it's still open or not. Neither can a MM ask them, and receive an answer. The only place the MM can go is to request a copy of the Termination Notice from the company.
No MM is going to sponsor a stock still under SEC investigation. Doing so, means they are assuming risk for any undisclosed information yet to be discovered by a SEC investigation. Sponsoring such a stock means the MM is telling the market the stock is clean. That is why they will not sponsor a 211, until they are shown proof from the company the SEC investigation has been closed, and there is a stock registration to review.
How does the retail investor "hear anything"? Answer: Go to the SEC site. Watch for a 10-12G filing. Thus far there is nothing for FVSTA. The process for "resubmission" of a 211 hasn't even started yet. Note also the company can freely issue a PR it has received a Termination Notice from the SEC, and state the investigation has been closed. None of these previously suspended non-reporting greys ever seem to issue such PRs. Very few ever get around to registering the stock. What they would have to reveal would be analogous to a self-hanging.
The Jewel of the Mind is Colored with the Hue of what it Imagines
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