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Microcap & Penny Stocks : PINC - Planet City -- Software and Services

PINC 28.19

+0.2%

Nov 3 3:59 PM EST

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To: TEDennis who wrote (1633)	10/29/1999 3:16:00 PM
From: Jeffrey S. Mitchell	Read Replies (1) of 1754

Re: Safe-Harbor Statements In reference to a discussion I was just reading on the RB PINC thread regarding the applicability of the Safe-Harbor Statement to a non-reporting issue such as PINC, I checked the SEC site and found this: The safe harbor is limited to forward-looking statements made by (1) an issuer that is a reporting company; (2) an officer, director or employee of such an issuer; (3) an outside reviewer retained by such an issuer making a statement on behalf of such issuer; or (4) an underwriter with respect to information provided by such an issuer. In the case of an oral statement, the requirement for cautionary language is deemed satisfied if the speaker identifies a readily available written document that contains the required cautionary language. The speaker must also make a cautionary statement that the particular oral statement is forward-looking and that actual results could differ materially. [31]-Excluded from the safe harbor are: (1) statements (A) made within 3 years after the maker of the statement has been found responsible for certain securities law or related violations; (B) made by "blank-check" companies; (C) made by "penny stock" issuers; (D) made in connection with rollup transactions; and (E) made in connection with going private transactions; as well as (2) statements that are (A) included in GAAP financial statements; (B) made by investment companies; (C) made in connection with a tender offer; (D) made in connection with an initial public offering: (E) made by partnerships and other direct participation investment programs; (F) made in 1934 Act 13(d) reports of beneficial ownership. The Commission may, by rule or regulation, expand the scope of the statutory safe harbor. sec.gov You learn something new every day... meaning, unless I've misread things, non-reporting BBs don't need to issue a Safe-Harbor statement. Or perhaps they are not required to but should do so "just in case"? - Jeff

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