Hypothetical 4--Listing Decision Questions
PREVIOUS                                                                                    NEXT

SECTION 1
HOME
ON LINE LINKS
SEARCH
TABLE CONTENTS

SECTION 2
Forms
Title 2
Title 3
Title 4

SECTION 3
Securities Act
Exchange Act
Sarbanes-Oxley Act
SOX TABLE
Title 5

SECTION 4
33 ACT Reg
'34 ACT Reg
Reg. S-K
Reg. S-X
Title 6

1. Assuming a public offering to be registered with the SEC, and to be made in all 50 states and the District of Columbia. Is it possible to avoid registration of the securities in all of the states? Explain.

2. What is the significance of listing on the Nasdaq Stock Market in this context? What are the two "sections" of the Nasdaq Stock Market? Does it make any difference which one the securities are to be listed on in this respect?

3. What standards does the company have to meet to take advantage and avoid state registration?. How will the offering have to be structured to accomplish this objective?

4. What is the best way to avoid being classified as a penny stock? What is a penny stock?

5. Why is it important not to be classified as a penny stock?

6. If the company is able under 3 above to avoid state registration, will it necessarily follow that its stock will not be a penny stock?

7. If it is not able to meet those standards and has to register under the state securities laws, does it necessarily follow that its stock will be a penny stock.?

8. What lesser standards can it meet and avoid classification as a penny stock? How will the offering have to be structured for this purpose.

9. Assuming the company completes the offering and its security is listed on Nasdaq as a Nasdaq National Market security (NNM), under what circumstances could it lose that status?

10. Assuming the company completes the offering and its security is listed on Nasdaq as a SmallCap security, under what circumstances could it lose that status? What would be the consequences if it did?

11, What are the advantages of listing on the American Stock Exchange?