To: Richard S. Gates who wrote (15906 ) 6/23/1999 1:19:00 PM From: Richard S. Gates Respond to of 25548
Coz: In line with the one year restriction we spoke of yesterday, I called Russell and got the following information. According to IR, the shares of GOLD have been issued under a Section 144 exemption which means that they cannot be traded (sold) privately during the one year restriction. In addition to the above, the issuance under the Section 144 exemption extends to the following areas: 1- Cannot be used as collateral 2- Cannot be hypothecated in any way ie: given as a pledge, etc. 3- Cannot place a lien against this stock In other words the Section 144 restriction applies to every aspect of the stock. However, the stock has Corporate standing, and a shareholder in good standing has all the legal rights which accrue to a shareholder with respect to the company. The restriction (by law) remains in effect for one year from THE DATE SHOWN ON THE STOCK CERTIFICATE. After the one year time frame the stock has a legal (can be traded, hypothecated, collateralized...) standing and enjoys all aspects of a non-restricted stock. The time frame may be shortened by the SEC at the company's request at any time during the one year restriction. This is commonly done when the company becomes a Public Company Issuer, (not meaning publicly traded). The way I see it is that the company will never request the lifting of the restriction by the SEC until the imbalance at the DTC is corrected. This imbalance is evident and at this time is not able to be calculated with certainty, but is large (in the millions of shares) and appears to be growing in size. FASTEN YOUR SEATBELTS!!!!!!!!! As a further substantiation of the problem at the DTC, I received a fax from my broker today which states the following: "Request to reg & ship Medinah Gold stk - This security is chilled at DTC - can't process. Thank you." For all the doubting Thomas types out there, put that in your pipe and smoke it!!!!!!! HERE'S TO YOU BOO BOO!!! Cheers..... The Gipper