Important Folks, I just got this in a PM. This article shows how the SEC is trying to address the issue of NASDAB BB price manipulation, which we have seen plenty of, by making investements in these stocks subject to a one year holding period before resale. My, my, just what we have been advocating: buy and hold! Here is the article, which is only a proposed rule change right now. But if this rule change goes trhoug, goodbye pump and dumpers, goodby MM manipulation, goodby hyping. I would suggest everyone write thier congressperson to support this rule change. Here is the article:
Issue 98-97 May 20, 1998
COMMISSION ANNOUNCEMENTS
SEC PROPOSES RULE CHANGE TO COMBAT MICROCAP FRAUD The Commission today proposed a rule change that would help reduce microcap securities fraud. The measure, which amends Rule 504 of Regulation D, would require that all securities issued under Rule 504 be "restricted securities" and could only be resold after meeting certain criteria.
"The Commission has taken another important step to address microcap fraud," said SEC Chairman Arthur Levitt. "This measure strikes a balance between the need to combat microcap fraud and the needs of small businesses to raise seed capital in an efficient manner. Today's rule change is another step on the way to our goal of shutting down the pump and dump boiler rooms that prey on small investors. At the same time, it will help protect the integrity of the capital formation process."
Currently, Rule 504 provides an exemption from Securities Act registration (e.g. extensive disclosure, including audited financial statements and other details) when small businesses make securities offerings that do not exceed an aggregate annual amount of $1 million. Further, Rule 504 allows stock purchasers to receive securities that are not "restricted." (As defined under Rule 144, a restricted security can only be freely traded in the public markets if it meets certain conditions, including that it be held for a certain period of time, typically at least one year.) Purchasers of Rule 504 stock may resell their securities without registration or other sales limits.
Fraudsters take advantage of Rule 504 in a variety of ways. It has allowed them to acquire large quantities of cheap unregistered stock, artificially pump up the share price through false statements and other manipulative activity, and then sell the stock at a great profit.
Today's proposal would help put an end to pump and dump schemes by reclassifying all securities issued under Rule 504 as "restricted securities." As such, these securities could only be resold after a one-year holding period, through registration, or through another exemption. (Press Rel. 98-53)
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