Just Got off the Phone with the SEC about CMKX

[Franko10 ™]

kenman31 said:

I had emailed the SEC a General Question about when a company has more than x number of shareholder and x dollars of assets... After the first general emails didnt get the answer I wanted I finally called them to ask.

First here is the email correspondence:

Dear Mr. Miller:

According to information I found in our EDGAR database at www.sec.gov/cgi-bin/browse-edgar?company=CASAVANT&CIK=&filenum=&State=&SIC=&owner=include&action=getcompany, CMKX (known as Casavant Mining Kimberlite Int'l filed reports with us on July 22, 2003. At that time, the company indicated it no longer was required to file reports because it had only 300 shareholders.

On February 17, 2005, however, the company filed an amendment to its July 2003 Form 15. As you can read, the company states as of the date of the July 2003 filing it had approximately 698 stockholders of record, thereby making the use of Form 15 inapplicable. Thus, the company revoked its July 2003 filing and is required to submit reports under Section 12(g) of the Securities Exchange Act of 1934.

I hope this information is helpful. If you have further questions, please do not hesitate to call me.

Sincerely,

ROBERT T GREENE
U.S. Securities and Exchange Commission


-----Original Message-----
From: Kenan Miller [mailto:[e-mail]]
Sent: Thursday, February 17, 2005 11:44 PM
To: Help
Subject: Re: SEC Help Response - File # HO1052158

I apologize for not given you more information initially. The company is CMKX diamonds ticker cmkx. They recently filed a 15-12G/A on Feb. 17th. I hope this helps you help me better. I appreciate your time.

Thank You,
Kenan




---------------------------------------------------------
QUESTION
---------------------------------------------------------
Submitted: 2005-02-15

INVESTOR INFORMATION
Name: Mr. Kenan L Miller
Day Phone:
Email:


QUESTION

I have looked all over you website in attempt to answer my questiion, but to no avail. Your help with my questions would be greatly appreciated

I have a questiion in regards to a non-reporting company and their filing requirements. If a company accumulates $10 million dollars or more in assets and more than 1000 share holders in the fiscal year ending December 31, 2004, must they file any type of report with the SEC and when is the deadline to file.

So if you can answer what report must be filed and the deadline for that report, it would be so very much appreciated.

Thank you,
Kenan Miller

------------------------------------------------------------------

Now the question I asked him was when did CMKX have to file their10q and 10k's. He first of all informed me that on the day of the amended filing they were all past due.

Robert from the SEC said, "However their latest filing due date depends on the companies fiscal year ending when they would have to file their latest 10Q or 10K." He didnt have any information about when CMKX's fiscal year is. He gave me an example though.. He said the following:

If the companies fiscal year ends on December 15th 2004 they have
40 days to file their 10Q
75 days to file their 10k..

If their fiscal year ends sometime in 2005 they have
35 days to file their 10Q
60 days to file their 10K
again this would be the latest filing..

I also asked him does the SEC now have a time frame for the company to become complient. He said, He couldnt answer that question because he is not in the enforcement department..

He then said, the company basically screwed up and now they have to correct it.. So they are going to have to file all the past required filings from 2003 to date. He said thats probably going to take alot of work..

Is this what Roger Glenn Was doing for us?

[/color]

He said, that he had recieved alot of complaints about this company? I quickly told him I was not calling to complain but just have some filing questions answered.

I thanked him and he told me if I had any other questions he could answer, please give him a call.

I dont believe Robert was an expert, but probably a specialist who answers general questions, but the filing dates he read to me from the guidelines.

Hope this helps.
GLTA[/quote]

[Franko10 ™]

jawz2020 said:

reply by JJ Seabrook on this same thread @ Canuck's :

tinyurl.com/4ba28

It's clear that once we voided the filing making us non-reporting in July, 2003, that ALL of our filings since that date bacame immediately past due, except for the 2004 annual report.

It appears to me that we are currently past due in filing 7 quarterly reports, including the last quarter, and one annual report, along with God knows what other forms should have been filed regarding changes in the company. It would seem to me that the company would get these filings caught up as expeditiously as possible and will not come close to taking the full 60 days to catch up on all these past due filings. The form 12-G should never have been filed in the first place. I would imagine that the SEC frowns upon that filing, but the rule does provide for 60 days for us to catch up on those filings. Hopefullly, they'll start hitting the send button to Edgar pretty quickly and keep hitting it until we are caught up.

Even though the rule provides for 60 days to catch up on the filings if you revoke the 12-G, there's probably another rule somewhere with other provisions regarding wrongfully filing a 12-G in the first place that could get our hands slapped. I just hope we don't push our luck and get'er done ASAP. I tend to believe, IMO, that that's what they will do, or at least hope that is the case. We're going to have a lot to read and look over in a relatively short period of time, IMO.

IF they bombard us with filings, I'm going to pass along to the other mods and admins that we establish a thread to discuss each particular filing. If not, we're going to be so confused about what each of us is commenting on that the conversations are not going to make any sense and be almost impossible to follow.

GET READY FOR THE RIDE!

JJ

[Franko10 ™]

tuscansun said:

To put it simple... Thats what Glenn DID
for us already. Paperchase is mostly done
is my thought.

They are going to have their hands full as
they proceed forward and I'm not saying
that EVERY piece of paperwork is accomplished
but Maheu has been on the scene for MoNTHS
and by all thoughts, so has Stoeckleinlaw
and the BOD in full steam ahead duties.

This will wrap up on time and Maheu has
pulled strings like the puppetmaster...and
I am sure Glenn did too.

Their objective is to get on the Market
scene and thats not too far off in my guesstimate.

[Franko10 ™]

I agree and think the Paper Chase is already done,.. IMHO Maheu and Company would not make a mistake in this period of play,.. this was planned no doubt about it in My Mind.