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The deadline is 15MAY and here is why....COPIED FROM YAHOO MESSAGE BOARDS

Ok i have tried to interpret the law as best as i could. I am not a legal expert so please save your verbal venom.

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29.Apr.2009 - Post Effective Amendment filed as Accelerated Filer.

Rule 12b-2-1.i : The issuer had an aggregate worldwide market value of the voting and non-voting common equity held by its non-affiliates of $75 million or more, but less than $700 million, as of the last business day of the issuer's most recently completed second fiscal quarter.

My interpretation : Second fiscal quarter for 2009 is yet to come. So the most recently COMPLETED second fiscal quarter would be for the period ending 31.Jul.2008. Based on the above rule, was the market value more than $75m as on 31.Jul.2009, the answer is YES.

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Fast forward

Rule 12b-2-3.iv : The determination at the end of the issuer's fiscal year for whether an accelerated filer becomes a nonaccelerated filer, or a large accelerated filer becomes an accelerated filer or a non-accelerated filer, governs the deadlines for the annual report to be filed for that fiscal year, the quarterly and annual reports to be filed for the subsequent fiscal year and all annual and quarterly reports to be filed thereafter while the issuer remains an accelerated filer or non-accelerated filer.

My interpretation : The determination at the end of the issuer's fiscal year for whether an accelerated filer becomes a nonaccelerated filer,governs the deadlines for the annual report to be filed for that fiscal year. I have removed words that are not necessary for us.

The above rule, governes the deadline for reporting the annual report.

Here is how it probably went down and its just my opinion and my interpretation.

1. We realised at the end of this fiscal year that we no longer have a market value of more than $75m. So we have become a Non-accelerated filer.

2. Based on the point above and as per the rule 12b-2-3.iv, we determine that our deadline to be of that of a non-accelerated filer.

3. Based on SEC deadlines, for non accelarated filers, the 10K is originally due on 01.May.2009. Add 15day extension and we get 16.May.

Since 16.MAY is a Saturday, we will get the results on or before 15.May
 
aus der Diskussion: HAYZ !
Autor (Datum des Eintrages): Eichler8799  (08.05.09 16:05:00)
Beitrag: 29 von 56 (ID:37130682)
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