Most issuers who decide to pursue this solution will file a Form 10 registration statement, complete with audited financial statements and unaudited interim financial statements as appropriate. _________________________________________________________________
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Pursuant to Section 12(j) of the Exchange Act, the registration of each class of Respondent’s securities registered pursuant to Exchange Act Section 12 be, and hereby is, revoked.
Way to Restore a Section 12(j) Issuer’s Exchange Act Registration
For issuers with sufficient resources and tenacity, the entry of a Section 12(j) order does not have to be a death sentence.
Nothing in the Exchange Act or the Commission’s rules and regulations prohibits a 12(j) company from restoring its Exchange Act registration and re-commencing the filing of periodic reports.
Most issuers who decide to pursue this solution will file a Form 10 registration statement, complete with audited financial statements and unaudited interim financial statements as appropriate.
Form 10 registration is not the only way to restore Exchange Act registration for 12(j) issuers.
Filing a Form S-1 registration statement brings the issuer back to “fully reporting” status.
Filing an S-1 registration statement allows the issuer to register outstanding shares that were deemed to be “free-trading” before the entry of the 12(j) order, placing those shareholders in the same position they were in before the order.
SECURITIES EXCHANGE ACT OF 1934 Release No. 72977 / September 4, 2014
ADMINISTRATIVE PROCEEDING File No. 3-15934
ORDER MAKING FINDINGS AND REVOKING REGISTRATION OF SECURITIES PURSUANT TO SECTION 12(j) OF THE SECURITIES EXCHANGE ACT OF 1934 AS TO DIAMONDHEAD CASINO CORPORATION