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DragonBear

04/23/13 3:48 PM

#43008 RE: janice shell #43003

What has to happen for a SEC Suspended stock sent to the Greys to get back on the Pinks? Does the SEC have to officially make announcement that no further action is being taken?

Janice,

It has been explained ad naseam to the KMAG crowd, the SEC is forbidden by law to comment on investigations, which includes announcing a formal order for investigation has been issued by the Commission. They have been told the only source which is free to comment on the investigation status is the company itself. There follows posts the investigation has been concluded because the SEC hasn't announced anything. Disregarding the company the only possible source of information hasn't issued a PR for this material event.

The status of things in KMAG land is the company as of their OTC December filing continued to state they are not under SEC investigation. It has been explained to the KMAG crowd the company can make that claim as long as a formal order for investigation has not been issued. It has been explained to them that can change at any time. The conclusion of the herd is the SEC investigation has been concluded. The herd also points to the CEO bringing a 2nd company into the market in Dec, and the SEC not preventing it as proof of "innocence" . Still not quite understanding without a formal SEC investigation, there is nothing that could stop it.

It has been explained to the herd no MM is not going to sponsor a previously suspended grey without audited financials plugged into a form 10 to get the stock registered. Where then the next step is a 10Q, and last year's 10K, so the MM can ensure they have the required accurate information. The reaction of the KMAG herd is to ask: Where on the 211 form does it require a form 10? Then a myriad of posts proclaiming when audited financials are available it will be an instant 211 approval.

The herd awaits this week the so called annuals in an OTC filing. Where past history is on their side. Never mind a non-reporting pink has 120 days not 90, and a grey is under no obligation to file with the OTC. Maybe past history will be kind to them. If it should arrive with audited financials, it will be a pump party. If it arrives without audited financials it will still be a pump party. It has already been suggested a 211 really doesn't matter, just PPS along with sales (not net income) figures are important. My expectation is the filing will be a cut&paste from past ones with new numbers, unaudited of course. I also am curious to see if the claim of not being under SEC investigation is sort of left out.

It's a zoo of disinformation on the KMAG forum - how else to pump it from 002 to 01? More coming if an OTC filing is made this month, no matter the contents.
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integral

04/24/13 12:12 PM

#43042 RE: janice shell #43003

I have actually talked to the SEC, FINRA, DTCC, and some Market Makers on this matter, all in separate conversations of course. The best way is to become current with a new Form 10 and remedy any comments by the SEC, FINRA, DTCC. Every issuer is different. If they have not filed in 5 years, they have to catch up on all 5 years of filings. Or they can 15-12b and file a new Form 10 or S1 with 3 years Balance, and two years of each cash flow and p&l. If I company is never a filer, file an initial Form 10 or S1 and get compliant. MMs do not want to file a scam Form 211 anymore unless they stand to make gazillions of dollars and are willing to pay the fine if they get caught, which is most likely around $50,000. Its all business.

Don't forget, you can get a 211 through FINRA , but can you get DTCC to clear you for electronic transfer? If they "Global Lock" the issuer, its still a worthless shell because they cannot print, deposit and dump. Also known as "pump and dump".