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CMKX - May 10 - 05 D-Day - The next chapter
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[QUOTE]Originally posted by Ric: [QB] As far as the form 15, I think the fact that they stated on the form 15 "as of the certification or notice date" which was 7/17/2003 is where they messed up. They basically said they had about 300 as of 7/17/2003 which was a lie. When "as of that date" they had 698 and knew they had over 360 as of Feb. 2003 because they issued share to that many people. Now if they had said as of the last filings, maybe they could have won the arguement in law as stated by phxgold. But by stating "as of that date" of the filing of the form 15 when UC certifed it then they made a mistake. Whether you feel that mistake shouldn't matter or not. The SEC feels they lied because they knew they issued to more shareholders earlier that year. The "as of that date" is what killed them. Its all in the wording. Phxgold may be right in the letter of the law but since it was a statement of present made on the form 15 then the SEC is saying cmkx lied on the form 15 thus making the form 15 invalid. No matter if they could have filed it or not. From form 15: Approximate number of holders of record as of the certification or notice date: 300 Pursuant to the requirements of the Securities Exchange Act of 1934, Casavant Mining Kimberlite International, Inc. has caused this certification/notice to be signed on its behalf by the undersigned duly authorized person. Date: 07/17/03 By:/s/Urban Casavant Urban Casavant, President [/QB][/QUOTE]
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