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To get your inventory buying and selling, regardless of the way you turned public, you need to get the inventory quoted on the Pink Sheets, OTCBB markets or on a inventory alternate. For small corporations this implies getting the inventory buying and selling on the Pink Sheets or OTCBB.
To have a buying and selling market you want a number of market makers. This market maker have to be a broker-dealer who’s a member of FINRA and registered with the SEC.
To begin buying and selling, one market maker should file a Type 211 with the Monetary Trade Regulatory Authority, FINRA, and make a market in your inventory.
A FINRA rule says that market makers should not speculated to cost any charge for submitting a Type 211. We polled all of the market makers listed on Pink Sheets final 12 months and all of them however one needed a $10,000 “due diligence” charge or some such to file the Type 211. Given the expense and time concerned, and the probability that submitting for a fraudulent firm is a foul reflection on them, we are able to hardly blame them for desirous to do due diligence. Aside from that, we imagine a market maker must be prepared to file a Type 211 if it believed that substantial enterprise would develop in buying and selling the inventory. Market makers generate income primarily on quantity.
FINRA processes the Type 211 and requires that there be sufficient non-affiliated shareholders with free buying and selling inventory to make buying and selling within the inventory doable. They don’t need this inventory to be concentrated in just a few palms.
You’ll have to doc intimately how this inventory was provided and offered and show that this was in full compliance with all of the securities legal guidelines and guidelines of the SEC and the states. This inventory has to purchased in a bona fide transaction for funding and never merely gifted to the shareholders.
You’ll have to show that your organization just isn’t a shell as outlined in Rule 144. You’ll have to present that you’re in a bona fide enterprise with belongings and not less than be a growth stage firm.
You’ll have to produce a shareholder record out of your switch agent clearly displaying free buying and selling inventory and an opinion of your securities lawyer that this inventory is in reality free buying and selling inventory and never restricted FINRA could cease the Type 211 when you’ve got any reference to unsavory characters or if there’s anything they don’t approve of.
If FINRA doesn’t approve your Type 211, you might have the best to attraction to the SEC. We might count on that any such attraction is prone to be unsuccessful.
Getting the best documentation, getting a correct record of shareholders, and deciding on a market maker are essential steps within the course of.