Whenever a publicly traded company needs to increase a capped A/S, then an amendment has to be filed which is public records. So if Brian capped the A/S at 7 Billion and then we find out that he filed an amendment to raise the A/S to 10 billion, we would know that something might be wrong with the corporation.
By having the A/S set to unlimited and the TA gagged, this means that the company is hiding something from its investors.
If you were interested in buying a car but the owner locked down the hood so that you can't see the engine, would you buy it?