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Microcap & Penny Stocks : DD Central on ECNC (formerly BETT)

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To: Jorjenzak who wrote ()8/16/1999 6:34:00 PM
From: Jorjenzak   of 266
 
Spoke to ECNC's lawyer, he confirmed full compliance per rules and that the glitch is due to NASD's failure to understand Rule 13(a)(10) regarding the election to change from fiscal to calendar year before the May filing was due. The rule basically says you instead file during the next filing period...which is why it is not due yet. The next filing will be through June 1999 not May.

He has explained this to NASD and bounced through several people. Working with the ombudsman now. I RETRACT all prior statements about a lawsuit to be filed if not fixed b/f Friday. sorry.....attorney advised upon my questioning that he thinks NASD is immune....have to follow other grievance procedures. Tom is just so PISSED that he wants to sue. I don't blame him.

May know more before tonight. The attorney promised to advise when he spoke to the ombudsman again today...was getting ready to call her.

Bottom line is they are going to kick, scream and fight NASD to fix it and if NASD refuses to understand and follow their own rules the accountant can back up the report to be for May and get it filed long before the 30 days runs for delisting. It WILL be fixed soon one way or another. This is public information the company wants the shareholders to have a soon as possible.

FYI
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