Replies to post #159193 on Arrayit Corporation (ARYC)

[Zues]

They need to be current.

[Zues]

Only if they are current which they are not.

They messed up. The sec should deny their request based on their rules.

Read it:


https://www.sec.gov/interps/legal/cfslb18.htm#P23_3718

“In order to rely on Rule 12h-3, the issuer:”
• “must be current in its Exchange Act reporting obligations;3”
“3 More specifically, the issuer must have filed all reports required by Section 13(a) for the shorter of its most recent three fiscal years and the portion of its current year, or the period since it became subject to a Section 15(d) reporting obligation. See Rule 12h-3(a). In addition, if the issuer obtained an extension of time under Rule 12b-25 under the Exchange Act to file a required periodic report, it still would have to file the periodic report in question before availing itself of the suspension provided by Rule 12h-3. See Exchange Act Release No. 20263 at II.2.”

“In order to avail itself of the suspension provided by Rule 12h-3, the issuer must also file a certification of termination on Form 15. If the certification of termination on Form 15 is subsequently withdrawn or denied, the company must file all reports that would have been required if the Form 15 had not been filed.6 Similarly, if in the future the issuer no longer satisfies the requirements under which it was able to cease reporting under Section 15(d), the suspension ends and the reporting obligation returns without any action by the issuer.7”


[/tag]

“In order to rely on Rule 12h-3, the issuer:”

• “must be current in its Exchange Act reporting obligations;3”
“3 More specifically, the issuer must have filed all reports required by Section 13(a) for the shorter of its most recent three fiscal years and the portion of its current year, or the period since it became subject to a Section 15(d) reporting obligation. See Rule 12h-3(a). In addition, if the issuer obtained an extension of time under Rule 12b-25 under the Exchange Act to file a required periodic report, it still would have to file the periodic report in question before availing itself of the suspension provided by Rule 12h-3. See Exchange Act Release No. 20263 at II.2.”

“In order to avail itself of the suspension provided by Rule 12h-3, the issuer must also file a certification of termination on Form 15. If the certification of termination on Form 15 is subsequently withdrawn or denied, the company must file all reports that would have been required if the Form 15 had not been filed.6 Similarly, if in the future the issuer no longer satisfies the requirements under which it was able to cease reporting under Section 15(d), the suspension ends and the reporting obligation returns without any action by the issuer.7”

You posted this..


https://investorshub.advfn.com/boards/read_msg.aspx?message_id=150769951

"Let's see if they got around this first:"

Quote:

In order to rely on Rule 12h-3, the issuer:
must be current in its Exchange Act reporting obligations

________________________________________________________________

They may not have terminated their registration, but it looks like they need to in order to qualify to suspend reporting.

Is the sec going to bend their rules for ARYC? I doubt it.

It's all a moot point. ARYC is in bad shape no matter how you slice it imo.