Look for the Equity Standard for listing on the NASDAQ Capital Market. The table indicates several requirements. Among these:
1) shareholder equity must be at least $5 million. 2) share price must be at least $4 per share.
If you dig around further, you will see requirements for an annual shareholder meeting and a BoD with specific standing committees. I won’t go into detail about why this is the standard they are targeting, but there are reasons why the other 2 standards are less preferable.
None of KBLB’s SEC reports show a positive shareholder equity of $5 million. At no point in KBLB’s history has the share price been $4 or even $3 per share. Trust me on that one. These are not arcane and mysterious requirements known only to the cognoscenti. They are public and described clearly by NASDAQ.
Thompson submitted a plan to the SEC for a public offering and a reverse split. The public offering is needed to raise shareholder equity to $5 million and the reverse split is intended to raise the share price to at least $4/share.
Neither one has happened, as you well know.
Thompson understands quite well that KBLB has not met these requirements. He has submitted a plan that will meet them. I am not accusing him of lying on his note to shareholders. Instead I think he was being careless in his wording.
But the distinction between the plan and the reality is one that I suspect Thompson is not respecting the same way NASDAQ is. They know plans don’t always play out the way they are supposed to. A plan to lose 20 pounds is not the same as shopping for new pants because you have lost weight.
If KBLB already had a stable share price of $4/share and positive equity of at least $5 million and a functioning BoD and a history of annual shareholder meetings, their application would not have been met with such skepticism by NASDAQ.
"“Having met all listing requirements, we, along with our experienced uplisting consultants and investment banking allies, were surprised to receive a series of challenges to our listing that were not at all based on the listing standards."
In a world with foreign governments along with many unknown factors things are usually as clear as mud.
Kim may or may not be clear as to listing standards... the truth as I see it is he's got to produce or forget uplisting to NASDAQ.