Please be aware that OTCBB
issuers are subject to many of the provisions of the Sarbanes-Oxley Act of 2002
(the "Act"), some of which are now in effect. In particular, please be aware that the
certification requirements mandated by Section 302 of the Act are now in
effect. As such, filings that do not
comply with these requirements are considered deficient and the securities of
issuers that do not include the required certification are subject to removal
from the OTCBB under Rule 6530.
For more information on the
requirements of Section 302 of the Act please refer to the text of the SEC’s
Final Rule which is available on the SEC's web site:
http://www.sec.gov/rules/final/33-8124.htm
In particular, please note the following:
- the certification is required by “any
issuer that files quarterly and annual reports with the Commission under
either Section 13(a) or 15(d) of the Exchange Act, including foreign
private issuers, banks and savings associations, issuers of asset-backed
securities and small business issuers.”
- the certification requirement applies to annual reports on Forms 10-K, 10-KSB, 20-F and 40-F, as well as
quarterly reports on Forms 10-Q and 10-QSB.
- The certification must be in the exact form set forth in the SEC’s
rules. The wording of the required certification may not be changed in any
respect (even if the change would appear to be inconsequential in nature).
Please also note that the certification required under Section 302 is separate and distinct from the
certification required under Section 906 of the Act.
As explained on our web
site, www.otcbb.com, to be eligible for quotation on the OTCBB, issuers must
remain current in their filings with the SEC or applicable regulatory authority.
A fifth character of "E" in a security's trading symbol is used to
denote securities that the NASD believes are delinquent in their required
filings; securities so denoted will be removed from the OTCBB after the
applicable grace period expires.
To contact OTCBB Staff
directly, you can send an email to OTCBBFeedback@NASD.com or call the OTCBB
Hotline at 1-301-978-8095.
