To: Arcane Lore who wrote (43959 ) 3/23/1998 10:43:00 PM From: Arcane Lore Read Replies (3) | Respond to of 55532
More information concerning temporary trading suspensions:Can the SEC extend a 10 day trading suspension? As noted in the post I'm replying to, it appears rare for the SEC to issue two trading suspensions for the same security. Only two stocks were noted in that post as having been the subject of more than one trading suspension, namely Twenty First Century Health and Struthers Industries. Information on their trading suspensions is given in: Twenty First Century Health:sec.gov sec.gov Struthers:sec.gov sec.gov Note than in each case, the reasons for the second suspension were different from those for the initial suspension. It turns out that there is a reason for that. The SEC cannot simply extend the initial suspension beyond its ten day period. They can, however, issue additional, independent suspensions to address new concerns. It was not always thus: Up until May, 1978, the SEC would, as they deemed warranted by the circumstances, extend a pre-existing halt by simply tacking on an additional 10 days. In one, presumably extraordinary case, this process of consecutive suspensions continued for a total of 13 years! This all changed following a Supreme Court case, SEC vs. Sloan, decided on May 15, 1978. Sloan, a holder of 13 shares* of Canadian Javelin, a stock subject to two extended SEC mandated halts each lasting more than a year (utilizing the 'tack on' procedure) brought an action that eventually ended up in the Supreme Court where it was decided in his favor. The Supreme Court decision may be found at:ishipress.com In addition to ending the practice of extending the previous 10 day trading suspension, this decision may also have led to current practice of including the reasons for the halt in the suspension notice. Prior to the decision, the SEC announced the halt using language like: "It appearing to the Securities and Exchange Commission that the summary suspension of trading in such securities on such exchange and otherwise than on a national securities exchange is required in the public interest and for the protection of investors; [therefore, trading is suspended]." The decision implicitly criticizes this vague formula without specifically ordering it to cease. Including the reasons in the notice also, of course, provides SEC with a basis for asserting the independence of a later suspension from an initial suspension. ===== * Sloan is described as "engaged in substantial purchases and short sales of shares of the stock". Presumably he held more than 13 shares at some point. Also, my apologies to all triskaidekaphobics for the excessive use of that number in this post.