The SEC questioned the 'Intentions' in their letters to the Company!
The SEC's summarized concerns(see links below) over PR'S and Filings and the share distribution as an 'Inducement.'
Clearly their concerns were correct as supported by current complaints by investors and...
Investors were given false or misleading information regarding the July 16, 2010 'Record Date' through a series of PR's and Blog Updates.
This setup created 'expectations' and gave the appearance of efforts to give investors this 'share distribution.'
However, the most damning part of all is the ***March 14, 2011 Blog Update by Ken! *** This was posted 'AFTER' several statements by the Company were required to give better clarity to avoid investor confusion!...(read the SEC correspondence)
Furthermore, the recent submission dated, April 13, 2012, an S-1 Registration Prospectus; the revised 'Record Date' from July 16, 2010 to December 21, 2011 has compelled many investors to file complaints.
The SEC’s Office of Investor Education and Advocacy (OIEA) processes many comments from individual investors and others. They keep records of the correspondence received in a searchable database that SEC staff may make use of in inspections, examinations, and investigations. In addition, some correspondence received by OIEA is referred directly to other SEC offices, e.g. (FRAUD DIVISION) and divisions for their review. SEC correspondence in regards to Kat Exploration's PR's, Filings and et al...
In chronological order with the exception of email correspondence, ie, posts relaying events regarding the TA investors contacted on numerous occasions for verification, and communications with Larry Spirgel, Assistant Director at the SEC...
The following PR's and Blog updates pertain to the share distribution during the period of June 8, 2010 to March 14, 2011...
The company 'Flow Chart' on their web site which outlined intent to issue additional shares as assets/properties were moved from Kat Exploration, Inc...ta...KATX into Kat Gold Holdings Corp...ta...BVIG.Blogs, PR Wires and SEC correspondence...KATX Blog Update: Regarding the BVIG ¼ share distribution. "It has been brought to our attention that some unfounded rumor has been circulating with regards to the BVIG share distribution. The rumor that the distribution is on hold for an indefinite period of time is unfounded and therefore not true. About one month ago KATX had received 65m shares from BVIG which was a portion of the 161m shares for the Handcamp. At that time the authorized was just 70m shares for BVIG and therefore had to wait until we received approval for the increased authorized to take effect in order for BVIG to issue the remaining 96m to KATX. The authorized has now been approved and Monday 13th Sept our attorneys submitted supporting documents to the TA for the issuance of the remaining 96m to KATX. Upon receiving those remaining shares, KATX will then proceed with returning both shares certificates of 65m and the 96m back to the TA for Book Entry and the 1-4 distribution will take place. We appreciate the patience of all recipients of the 1-4 stock.
Blogs and PR pertaining to the July 16, 2010 share distribution "RECORD DATE" were removed from Kat Exploration site on or about April 19, 2012 per this alert...
June 8, 2010 PR... Mount Pearl, June 08, 2010-KAT Exploration, Inc. (OTC-Pink Sheets: KATX) www.katexploration.com KAT Exploration, Inc. (KATX.PK) will distribute to its shareholders restricted shares of Bella Viaggio, Inc. (BVIG.OB) which trades on the Over the Counter Bulletin Board (OTCBB). BVIG.OB was purchased for $305,000 in cash paid in full. KAT Exploration shareholders will receive 1 restricted share of BVIG.OB for every 4 shares of KATX.PK owned up through the record date to be decided by its board of directors to be executed as early as possible.
June 25, 2010 PR... KAT Exploration, Inc. Announces Record Date for OTCBB Share Distribution of Bella Viaggio, Inc. to Shareholders MOUNT PEARL, NL, Jun. 25, 2010 (Marketwire) —
MOUNT PEARL, NL — (Marketwire) — 06/25/10 — KAT Exploration, Inc. (PINKSHEETS: KATX) www.katexploration.com
KAT Exploration is pleased to update its shareholders and investment community that shareholders will receive 1 restricted share of Bella Viaggio, Inc. (OTCBB: BVIG) for every 4 shares of KATX.PK owned up through the close of business established record date of July 16th, 2010. These shares will be restricted for six months for common shareholders and 12 months for Officers and Directors of the company. KAT Exploration shareholders will be unaffected while having restricted shares of BVIG.OB as an additional equity.
KAT Exploration, Inc. and Bella Viaggio, Inc. have retained Computershare as their new Transfer Agent to complete the share distribution process. Due to the administrative processes involved with transitioning company records, the share distribution is expected to be completed within approximately 45 days from the record date of July 16th, 2010.
This press release contains forward-looking information within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934 and is subject to the Safe Harbor created by those sections. This material contains statements about expected future events and/or financial results that are forward-looking in nature and subject to risks and uncertainties. Such forward-looking statements by definition involve risks, uncertainties and other factors, which may cause the actual results, performance or achievements of Kat Exploration Inc. to be materially different from the statements made herein.
Jack Zwicker Kat Exploration Inc. Investor Relations 902-497-3188 jzwicker@katexploration.com http://www.katexploration.com/
Source: Marketwire (June 25, 2010 - 9:55 AM EDT)
News by QuoteMedia www.quotemedia.com
August 23, 2010 PR...
KATX and BVIG have been working to complete the regulatory requirements to have the said BVIG stock free trading upon issue. Originally there was to be a 6 month hold period for those receiving the BVIG shares. However, the said companies have decided it is in the best interest of the shareholders to file the additional required documentation to make the said shares free trading and eliminate the hold period. Shareholders will be notified when the distribution filing is completed and approved by all regulatory institutions.
We understand that some of you are concerned with where we are with our filings for BVIG in harmony with our company plan. Please know that we are working as hard as we can to get this completed. While it is understandable that all need to do their DD, however we have been informed of an abnormal number of inquires, calls and emails to the very agencies that we are working with that may give the appearance that we are not trustworthy. These people are unable to supply you with any more information than we are able to, however one must realize that these institutions are dealing with many more companies than KAT, and so therefore to cut down on the inquires to these various departments, please know we will continue to do our upmost to keep you informed as things progress. Also please be avdised of the following: FINRA has received the necessary documentation to process the Name Change for Bella Viaggio, Inc. to Kat Gold Holdings Corp. This corporate action will take effect at the open of business 08/26/10. The symbol will remain BVIG for the time being. Jack Zwicker Kat Exploration Inc Investor Relations
Share Distribution Aug 27, 2010...Blog
I meant to add this to the last blog: Due to the fact that we have decided to have the shares unrestricted upon receiving, it will take longer due to more filings, however they will be tradable much earlier than the original 6 month period that originally was the holding time. I cannot give a specific date so please do not inquire, just know we will continue to work diligently to complete all the necessary documentation and paper work as quickly as possible, in order to have the shares distributed to all investors through our T/A. So again, please exercise some patience. Jack Zwicker Kat Exploration Inc Investor Relations
Regarding the BVIG ¼ share distribution. Sept. 15, 2010...Blog
It has been brought to our attention that some unfounded rumor has been circulating with regards to the BVIG share distribution. The rumor that the distribution is on hold for an indefinite period of time is unfounded and therefore not true. About one month ago KATX had received 65m shares from BVIG which was a portion of the 161m shares for the Handcamp. At that time the authorized was just 70m shares for BVIG and therefore had to wait until we received approval for the increased authorized to take effect in order for BVIG to issue the remaining 96m to KATX. The authorized has now been approved and Monday 13th Sept our attorneys submitted supporting documents to the TA for the issuance of the remaining 96m to KATX. Upon receiving those remaining shares, KATX will then proceed with returning both shares certificates of 65m and the 96m back to the TA for Book Entry and the 1-4 distribution will take place. We appreciate the patience of all recipients of the 1-4 stock.
Ken Stead President / CEO Kat Exploration Inc.
***MARCH 14, 2011...Blog*** As an update to the progress on the BVIG stock distribution, Computershare has informed the company they are now working with DTC to setup the distribution on their end and is hoping to have information over the next week or so. We have now approached the stage where shareholders will be informed of any and all progress of developments.
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