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Re: 1manband post# 2350

Tuesday, 01/21/2014 12:43:48 PM

Tuesday, January 21, 2014 12:43:48 PM

Post# of 3962
Thank you for providing that link/interpretation. I had read that the other day while investigating this issue. Unfortunately it is also in contrast with what the SEC's Industry Guide states here:

http://www.sec.gov/about/forms/industryguides.pdf

""Definitions.
The following definitions apply to registrants engaged or to be engaged in significant mining operations"


and a legal interpretation I found here:

And from Hamilton & Associates Securities Lawyers ()
www.securitieslawyer101.com

"In their SEC filings, in addition to the disclosures required by Regulation S-K and 20F, mining issuers must include the disclosures required by Industry Guide 7. All U.S mining companies that are SEC filers are required to report under its rules."

I'm not saying you are incorrect, just that I'm trying to find a definitive no-room-for-misinterpretation-or-contradiction statement from the SEC or other legal opinion or case law. I do have an interpretation request submitted to the SEC's Corporate Finance department on this issue which I hope will provide the undisputed opinion I'm looking for.

You say that there have been non-reporting companies nailed on this issue - can you provide me with an example or two? - not being contentious, I'm just looking for backup as I plan on going to the company and have them correct (remove) anything that is improper or that can be construed as fraudulent on their part. Thanks.




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