InvestorsHub Logo
icon url

SooS416

06/25/19 3:17 PM

#98228 RE: MTLTrader #98223

The fact is that they are a mandatory SEC filer since they filed Form 8A, that makes the holding period 6 months for non affiliates and since no Form 3 was filed by Greg or Jamie they are subject to the 6 month holding period. As far as if/when they will sell, well only they know that.

They have filed form 8a which puts them as mandatory filer

Having an S-1 Registration Statement, which is filed under the Securities Act of 1933, rather than under the Exchange Act, does not make a filer “mandatory.” An SEC filer goes from “voluntary” to “mandatory” by filing certain Exchange Act forms, like the 8A-12g or the Form 10 Registration Statement. These Exchange Act forms obligate the public company to file the 10-K, 10-Q, and 8-K, by making the company “subject to” the filing requirements of Exchange Act Section 13 or 15(d).

Here is VYST's form 8A making them mandatory filer

https://www.sec.gov/Archives/edgar/data/1308027/000114420409040817/v156541_8a12g.htm

Mandatory SEC Filers Have a Six Month Holding Period Under Rule 144
The Six (6) Month holding period requirement in Rule 144(d)(1)(i) applies only to the restricted securities of a public company that is, and has been for at least 90 days immediately prior to the sale, “subject to” the reporting requirements of Exchange Act Section 13 or 15(d).
icon url

TenKay

06/25/19 6:13 PM

#98299 RE: MTLTrader #98223

Actually it appears that might not be the case...they are stating they actually have a missing filing in the last 12 months...but I don’t see anything missing. I can see why it was checked on the 10K as it was late...but since the filing was made apparently they don’t need to check it any longer. It may simply have been carried over from the 10K by mistake or they are actually missing some filing.

...so yes...let the debate go on ;-)