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Monday, February 20, 2006 7:41:14 PM
One requirement that you have not picked up is the number of shareholders,, Companies are doing reverse splits and buybacks to get the number of shareholders below 300 so they do not fall under Sarbaines expenses.. As to which is the more transparent it is BB and not PK.. Companies must make timly desclosures on all filings and have the required number of shareholders to remain on BB.. If not they are to the PK.. Number of shareholders is the first requirement to go BB..
The only filings that are considered are those made with SEC..The SEC in it's wisdom has not considered PR releases any thing other than PR and unless the company has it's proper Q's and K's it is not considered a filing company... PR's have not legal standing with the SEC and that is why the SEC will never be part of a class acton suit.. The SEC may NOT suspend any security for the infraction of it's rules and lieing in press releases or putting out phoney press releases because they do not fall under the rules of the SEC.. those are legal maters for the courts.. Take most big trials of late and you will see it's attorney generals doing the work.. To say it's a pinkie and think that it's less controlled is false.. The problem has always been with the PR and not with filings.. From Enron to TYCO it was press releases not filings.. If they were late on filings to the pinks they would go..Also keep in mind the number of shareholders and Sarbaines when judging a pinkie..hank
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