I'm not sure if I'm reading your statement correctly but the SEC never releases information that they are investigating someone. It's always after they do the investigation that the company will receive a Wells Notice and at that point the company doesn't have to file the event of notification from the SEC.
If the SEC does find evidence they will then file a complaint with the DOJ and the proceedings begin.
The whole process is quite lengthy and doesn't happen overnight.
I was unfortunately in the whole sponge company incident and learned that first hand.
I just wanted to throw that one out there to make sure you understand the SEC methods and that investors will have no idea about any SEC investigations unless the company or SEC divulges that.
Any company can file an ammendment to their A/S at anytime. I don't know how one would make sense of having a public company to raise money with those kind of limitations. I believe in the very near future you will see the A/S and O/S raised.
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