ABQQ does not have revenue of $6MM, or anything close to that. Nor will it any time soon. Even if the gross revenue from the movies is $7MM, the company will get 50% of that at best. So, that eliminates criterion number one.
The CEO probably bought the shares on the market because they were cheaper than whatever deal he has with the company. So, that eliminates criterion number two.
Since criteria Nos. 1 & 2 were eliminated, how about substituting those for submits Forms 10-K and 10-Q timely consistently. That way we could exclude ABQQ from that list.
This security is exempt from the definition of a Penny Stock under SEC under Rule 240.3a51-1 because it meets one of the following tests: 1) A price of over $5 per share, 2) the issuer has Average Revenue of at least $6 million for the last 3 years, or 3) the issuer has Net Tangible Assets in excess of $2 million if the issuer has been in continuous operations for at least 3 years or $5 million if less than 3 years.
So, let's look at how it qualifies as exempt.
1) Nope. It's hard to even keep a straight face when looking at this criterion. 2) Nope. Again, it's hard to even keep a straight face when looking at this criterion. 3) The only way it qualifies is this one. Barely. And only because they have a "long-term prepayment."
Looks like it is only a matter of time before it loses this exemption.