Replies to post #51658 on Top Shelf Brands Holdings Corp. (DKTS)

[BigBake1]

Some hit me up as to what I meant about needing the OS for threshold, there two different requirements based upon reporting and non reporting securities. Those that report fall under SEC Threshold requirements. Those who do not report fall under FINRA Rule 4320. You see this on the short information tab at OTC markets:



In this case at that time of 2011 this was a reporting company and it was under SEC Threshold Flag requirements and was experiencing Failures to Deliver that went above the SEC established limits of percentage of the OS. However now that it isnt a reporting security any longer it now falls under FINRA Rule 4320 Flag, which as you can see here doesnt have a requirement of percentage of the OS:

Threshold Definitions

Regulation SHO defines threshold securities as any equity security of an issuer that is registered under Section 12, or that is required to file reports pursuant to Section 15(d) and where, for five consecutive settlement days:

there are aggregate fails to deliver at a registered clearing agency of 10,000 shares or more per security; AND

the level of fails is equal to at least one-half of one percent of the issuer's total shares outstanding

FINRA Rule 4320 defines threshold securities as any equity security of an issuer that is not an SEC reporting security and, for five consecutive settlement days, has:

aggregate fails to deliver at a registered clearing agency of 10,000 shares or more; AND

a reported last sale during normal market hours (9:30 a.m. to 4 p.m., ET) for the security on that settlement day that would value the aggregate fail to deliver position at $50,000 or more.