To: Tomato who wrote (392 ) 11/15/2000 1:12:01 PM From: Tomato Read Replies (1) | Respond to of 1833 Dear Mr. (Tomato): Thank you for your recent e-mail to the SEC. The SEC has not promulgated any rules or regulations that routinely require the distribution of newsletters, quarterly and annual reports, or other information directly to shareholders by all companies. We cannot compel a company to return your telephone calls. If a company has securities registered with the SEC, the SEC's proxy regulations require that the company provide its shareholders with proxy materials when shareholders are requested to vote on matters concerning their company. A proxy solicitation must be accompanied or preceded by the company's Form 10-K annual report. The SEC does not require a company to send annual reports to shareholders unless the company holds an annual meeting and the company has over $10 million in assets. The SEC requires companies to file their Form 10-K annual report with us. Companies must provide the 10-K to any registered shareholder who requests it. Not all exhibits to the form have to be provided. Form 8K is the "current report" that is used to report the occurrence of any material events or corporate changes which are of importance to investors or security holders and previously have not been reported by the registrant. It provides more current information on certain specified events than would Forms 10-Q or 10-K. Copies of all of a company's filings, if it is required to file, are available to both shareholders and the general public through the SEC's Office of Public Reference, Mail Stop 1-2, 450 Fifth Street, NW, Washington, DC 20549, (202-942-8090, fax 202-628- 9001) or on our EDGAR system on our website at www.sec.gov. I have searched our EDGAR Database and found Cadus' most recent filings. You may wish to view those filings to get the information you are looking for. Not all companies are required to file a registration statement or apply for an exemption from registration. However, these companies or a company that qualifies for a Regulation D exemption from registration is not required to file the same annual, periodic, and current reports that are required as a result of Securities Act registration. Disclosure requirements vary as well. However, all securities transactions, even exempt transactions, are subject to the antifraud provisions of the federal securities laws. This means that the company will be responsible for false or misleading statements (whether oral or written). The government enforces the federal securities laws through criminal, civil and administrative proceedings. Some enforcement proceedings are brought through private law suits. Also, if all conditions of the Regulation D exemption are not met, purchasers may be able to obtain refunds of their purchase price. Transactions that are exempt from provisions of the federal securities laws may still be subject to the notice and filing obligations of various state laws. Make sure you check with the state securities administrator where the company was incorporated or where its principal place of business is. You can obtain the address of the appropriate state regulator from the North American Securities Administrators Association, Inc. web site at nasaa.org . Thank you for the opportunity to assist you. Steven Priddle Attorney