To: afrayem onigwecher who wrote (148 ) 12/7/1998 9:21:00 PM From: Arcane Lore Read Replies (3) | Respond to of 435
... By the way you can't, I repeat .you can't free up 144 paper on an OTC stock more then 1% from the total outstanding (4.5 M) in a 90 days period. ... The limitation on Rule 144 sales for affiliates and non affiliates is the same for the first two years after issuance. Basically it it the greater of 1% of outstanding shares or the average weekly volume for the four weeks prior to the filing of Form 144. As you know, volume has been high recently and as a result, the average weekly volume for the past four weeks has been 1,363,000 (calculations can be found at the end of this post). Except possibly for McNulty himself, the limitation should be moot. Here is the relevant text of rule 144:Limitation on amount of securities sold. Except as hereinafter provided, the amount of securities which may be sold in reliance upon this rule shall be determined as follows: 1. Sales by affiliates. If restricted or other securities sold for the account of an affiliate of the issuer, the amount of securities sold, together with all sales of restricted and other securities of the same class for the account of such person within the preceding three months, shall not exceed the greater of i. one percent of the shares or other units of the class outstanding as shown by the most recent report or statement published by the issuer, or ii. the average weekly reported volume of trading in such securities on all national securities exchanges and/or reported through the automated quotation system of a registered securities association during the four calendar weeks preceding the filing of notice required by paragraph (h), or if no such notice is required the date of receipt of the order to execute the transaction by the broker or the date of execution of the transaction directly with a market maker, or iii. the average weekly volume of trading in such securities reported through the consolidated transaction reporting system contemplated by Rule 11Aa3-1 under the Securities Exchange Act of 1934 during the four-week period specified in subdivision (ii) of this paragraph. 2. Sales by persons other than affiliates. The amount of restricted securities sold for the account of any person other than an affiliate of the issuer, together with all other sales of restricted securities of the same class for the account of such person within the preceding three months, shall not exceed the amount specified in paragraphs (e)(1)(i), (1)(ii) or (1)(iii) of this section, whichever is applicable, unless the conditions in paragraph (k) of this rule are satisfied. law.uc.edu Even though OTCBB stocks are not NASDAQ stocks, the OTCBB is an automated quotation system maintained by a registered securities association (NASD) and as such appears to fulfill the requirements for inclusion under subparagraph ii (IMO). Here are the IBUY trading volumes for the last four weeks:Date Volume 12/4/98 146300 12/3/98 326600 12/2/98 284500 12/1/98 564400 11/30/98 674800 11/27/98 628200 11/25/98 391200 11/24/98 259200 11/23/98 57600 11/20/98 127100 11/19/98 77100 11/18/98 218300 11/17/98 61000 11/16/98 70400 11/13/98 165200 11/12/98 164300 11/11/98 822400 11/10/98 502600 11/9/98 176900 based on data from: quotecentral.com The total volume from the last four weeks is 5,452,000. Dividing by four to get average weekly volume gives 1,363,000 shares.