InvestorsHub Logo

loanranger

09/14/21 7:49 AM

#374148 RE: kfcyahoo #374140

I don't follow your response:
"Maybe I missed something, but I do not think the sec recognizes alot of "holidays"(Evacuation nor Patriots Day in Boston for example) including the ones you listed- most, if not all, are left up to the cities and towns. Many do, but not all.

At work we cover for one another during religious holidays- the people who inform c0-workers of their religious obligations advise those who are of a different faith, and the work gets done. The company never has come to a standstill in 96 years- nor should it( they would have croaked long ago)."

Here's all that I was trying to say:
Prior to the 10-k for the year ended 6/30/19 the Company was filing as an accelerated filer. Accordingly they had to file within 75 days for their 10-K and 40 days for their 10-Q.

The basis for the filing type designation is determined by this Rule:
https://www.law.cornell.edu/cfr/text/17/240.12b-2

After 6/30/19 the company became a non-accelerated filer based on this element of the rule:
"If the issuer's aggregate worldwide market value was less than $60 million, as of the last business day of the issuer's most recently completed second fiscal quarter"

Since that date the Company has been required to file in 90 days for a 10-K and 45 days for a 10-Q.

Hence the Company filed its last 10-K as a non-accelerated filer and needed to file by 9/28/20. Instead it filed on 9/14/20. It is RARE for any OTC company other than those with very little in the way of operations to file two weeks early and this one had never done anything like that before.

I was CURIOUS as to why they might have done so and in the absence of any other explanation I looked back at last year's Jewish Holiday calendar. I noticed that the two main Holidays occurred after 9/14/20 and before 9/28/20. Maybe that was just a coincidence OR maybe the CEO was trying to get the thing out before that Holiday period.
That's all I was trying to say.

ps. Has the Company regained accelerated filer status (which would result in a required filing date of TODAY)? To do so it would have had to attain an aggregate worldwide market value of the voting and non-voting common equity held by its non-affiliates of $75 million or more, but less than $700 million, as of the last business day of the issuer's most recently completed second fiscal quarter.
Did that happen? As far as I know the Company hasn't published the number of voting and non-voting common equity held by its non-affiliates as of 6/30/21, so I can't calculate the relevant market value as of that date.
Obviously, if the Company is still in the non-accelerated filer category, the current 10-K isn't due until 9/28.



pps. In your initial response you said this:
"I believe ipix falls under the definition of accelerated based on the following.

75 days to file.

https://www.gibsondunn.com/wp-content/uploads/2020/11/SEC-Filing-Deadline-Calendar-2021.pdf "

An accelerated filer is supposed to file their 10-K in 75 days, but filing in 75 days does not necessarily indicate that a company is an accelerated filer. In THIS instance it was simply the case of a non-accelerated filer filing early.