Amended Rule 144

 

On December 6, 2007, the Securities and Exchange Commission (“SEC”) approved changes to Rule 144 which, among other things, shortens the holding period for restricted securities of publicly traded companies from one year to six months.  The new SEC rule changes take effect on February 15, 2008.  The final conditions applicable to the resale under Rule 144 of restricted securities held by affiliates and non-affiliates of the issuer can be summarized as follows:

 

 

Affiliate or Person Selling on Behalf of an Affiliate

Non-Affiliate (and Has Not Been an Affiliate During the Prior Three Months)

 

 

 

Restricted Securities of Reporting Issuers

During six-month holding period – no resales under Rule 144 permitted.

 

After six-month holding period – may resell in accordance with all Rule 144 requirements including:

 

·        Current public information,

·        Volume limitations,

·        Manner of sale requirements for equity and

·        Filing of Form 144.

 

During six-month holding period – no resales under Rule 144 permitted.

 

After six-month holding period but before one year – unlimited public resales under Rule 144 except that the current public information requirement still applies.

 

After one-year holding period – unlimited public resales under Rule 144; need not comply with any other Rule 144 requirements.

 

 

 

 

Resticted Securities of Non-Reporting Issuers

During one-year holding period – no resales under Rule 144 permitted.

 

After one-year holding period – may resell in accordance with all Rule 144 requirements, including:

 

·        Current public information,

·        Volume limitations,

·        Manner of sale requirements for equity securities, and

·        Filing of Form 144.

 

During one-year holding period – no resales under Rule 144 permitted.

 

After one-year holding period – unlimited public resales under Rule 144; need not comply with any other Rule 144 requirements.