To: Harvey Kirby who wrote (7736 ) 7/29/1998 3:41:00 PM From: Harvey Kirby Read Replies (1) | Respond to of 8012
Say folks,,I was cruising along in cyberspace and came across this interesting piece of information at www.sec.gov. some one told me its public information so I thought I would post it here seeing this thread has been dead now for weeks. The name of that there institute sure rings a bell...... Harvey Kirby Investors Research Institute, Inc. P.O. 750471, Forest Hills, NY 11375-0471 Telephone 212-484-4747, Fax 718-523-2137 E-mail: iri@pipeline.com April 17, 1998 Via E-mail: rule-comments@sec.gov Jonathan G. Katz, SecretarySecurities and Exchange Commission Mail Stop 6-9 450 Fifth Street, N.W. Washington, D.C. 20549 Re: File Number S7-2-98 Hon. Commissioners: On February 17, 1998 the Commission published certain proposed amendments to Form S-8 and related rules and solicited public comments. Release No. 33-7506. The purpose of these comments is to address certain practical aspects and applications of the S-8 Rulemaking process. First, the non-profit Institute, whose missions advocated on behalf of its small but diverse Membership include high standards for "disclosure" and "accessibility" of information about public equities to public shareholders and potential shareholders, was established during an environment in which there has been insufficient guidelines for disclosure of dilutive events, and far too many abuses of the S-8 rule whereby shares appear to have been issued in many instances in amounts which far exceed the monetary value of the services rendered to the issuer. The Institute applauds the Commissioners for revisiting these guidelines for the purpose of curing these inefficiencies of the present rule. Public companies which enroll as Members of the Institute already must agree to voluntarily adhere to such higher standards. Of course, the Institute has no enforcement power nor staff to monitor abuses. It is limited to the withdrawal of Membership privileges should a Member or the public bring an abuse or instance of non-compliance with its standards to its attention. And unfortunately, the investing public does not presently have a commitment re: these "best practices in investor relations" standards from the vast majority of public companies which have not to date adopted the Institute's standards. However, we would propose that the Commission move cautiously so as not to "throw out the baby with the bath water." More specifically, we are talking about the huge disparity between the financial and resource-rich "blue chip" companies and the financial and resource-poor "small capitalization" and "micro-cap" companies. In the former instance, such companies often have entire departments devoted to development and distributions of company information to investors and potential investors. In the latter instance, some companies have no assigned staff whatsoever for this purpose, and it remains in the best interests of investors and potential investors for there to be a means by which such companies and their investors to achieve a level of information parity with their larger-capitalization peers. It does not serve the investing public if such companies are left without the necessary resources to pay for quality opportunities to present, achieve professional scrutiny and distribute information in a timely and enriched fashion. Au Resivior (or something like that)