the SEC does not suspend/halt strictly by timeline
Post# of 15187
Posted On: 02/25/2016 10:10:41 AM
Re: Goodspeed65 #3117
the SEC does not suspend/halt strictly by timeline. the suspensions are on a case by case basis and extenuating circumstances most certainly come into play. the idea of the halts is "to protect shareholders" so the SEC has to determine if all things considered the shareholders en masse are better off with the trading being halted. this is usually done when a company has completely gone dark, there is no discernible business taking place, etc.
in HJOEs case, they had a shady auditor who is under current investigation; they are obviously "in business" based on dealer network and product being made, shipped, paid for (assuming it is); they rountinely communicate with their shareholders via SM and select PRs; they have addressed getting current in 2016 and previously said "when the time was right;" andshareholders can speak directly to mgmt/IR with concerns (I know several large shareholders that have no issues getting calls/emails returned).
if legitimate shareholders (not someone filing claims with SEC about the company not filing and/or "lying" about production runs/CK, etc) are not raising red flags with the SEC, and the company responds to SEC requests for "more information" and are satisfied that the company is operating and viable as a going concern - there is no need to halt the trading to "protect shareholders" regardless of the scare tactics and misinformation being spread.
that certainly doesnt mean they cant or wont halt the trading but the point is to protect shareholders from fraudulent practices/trading. in this case - most shareholders seem to know what they own and are not clamoring for relief. while we do not know what the revenues were for 2015, most agree the company produced revenues and they were dramatically higher than 2014. further, i think most would agree that they will be producing significantly higher revenues in 2016 than 2015.
just something to consider when looking at filing. i would suggest the company file on OTC markets the equivalent 10K for 2014 and 1Q15. those would be unaudited results and cost them little to do so but would provide a conduit to get current with the SEC. obviously there is a reason they are not filing beyond costs. if they are hiding really scary, unknown things from shareholders - then the SEC will give them notice and then halt. if the SEC deems they are acting on behalf of the shareholders, they will probably give them a timeline to get current (which a copy of the document from the SEC will be uploaded to the SEC filing page).
if shareholders are overly concerned about nasty surprises in the filings - they should get out now before there is any chance of a halt. if there ARE nasty surprises, when the halt is lifted and the nasty surprises are all out in the open - it will be very difficult to get out without the share price being a fraction of what it is today.
in HJOEs case, they had a shady auditor who is under current investigation; they are obviously "in business" based on dealer network and product being made, shipped, paid for (assuming it is); they rountinely communicate with their shareholders via SM and select PRs; they have addressed getting current in 2016 and previously said "when the time was right;" andshareholders can speak directly to mgmt/IR with concerns (I know several large shareholders that have no issues getting calls/emails returned).
if legitimate shareholders (not someone filing claims with SEC about the company not filing and/or "lying" about production runs/CK, etc) are not raising red flags with the SEC, and the company responds to SEC requests for "more information" and are satisfied that the company is operating and viable as a going concern - there is no need to halt the trading to "protect shareholders" regardless of the scare tactics and misinformation being spread.
that certainly doesnt mean they cant or wont halt the trading but the point is to protect shareholders from fraudulent practices/trading. in this case - most shareholders seem to know what they own and are not clamoring for relief. while we do not know what the revenues were for 2015, most agree the company produced revenues and they were dramatically higher than 2014. further, i think most would agree that they will be producing significantly higher revenues in 2016 than 2015.
just something to consider when looking at filing. i would suggest the company file on OTC markets the equivalent 10K for 2014 and 1Q15. those would be unaudited results and cost them little to do so but would provide a conduit to get current with the SEC. obviously there is a reason they are not filing beyond costs. if they are hiding really scary, unknown things from shareholders - then the SEC will give them notice and then halt. if the SEC deems they are acting on behalf of the shareholders, they will probably give them a timeline to get current (which a copy of the document from the SEC will be uploaded to the SEC filing page).
if shareholders are overly concerned about nasty surprises in the filings - they should get out now before there is any chance of a halt. if there ARE nasty surprises, when the halt is lifted and the nasty surprises are all out in the open - it will be very difficult to get out without the share price being a fraction of what it is today.
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