RE:UPDATE -- posted this evening on CEO BBthanks a bunch Kewli002 & snidley, seems like pretty standard stuff, NFGC as an emerging growth company ensuring they are following the rules and regulations as required by the MJDS (Multi Jurisdictional Disclosure System). "...Form 20-F prescribes specific disclosures and must be filed within 4 months after fiscal year end. Form 40-F is generally a wrap around form that attaches the Canadian Annual Information Report and MD&A reports filed in Canada, as exhibits to the form. quarterly information in a Form 6-K..." and legal counsel has plenty of experience in these areas (including offices in Toronto). https://www.paulweiss.com/professionals/partners-and-counsel/christopher-j-cummings as declared in the filing with the SEC dated September 3, 2021: https://www.sec.gov/Archives/edgar/data/0001840616/000110465921112805/tm2120548d4_rw.htm
Kewl002 wrote: "NFG was ineligible to file a 40-F until they had been public for 12 months in Canada. They passed that one year timeline a couple weeks ago and filed an amended filing notifying the SEC that they were using the updated filing that they are now eligible (and required) to use. This isn't a case of NFG using the wrong form. As far as I can tell, they have done it right."
My interpretation of above is that NFG was working with Amex on US listing via form 20F which makes sense as there is a lot of admin work required to cross t's etc. However, when the 1 year anniversary passed, they were no longer compliant via the 20F and had to withdraw same and file a new 40F.
I assume all the preliminary work would flow over to the new form after it gets filed and the listing moves forward. I suspect that AMEX doesn't get many of these timing type situations but also that this isn't their first so they will have a process in place to handle the passage of an anniversary date.
Now should this turn out to not be correct and the listing gets delayed than NFG's outside brokerage consultants (Merrill>) should be held accountable for any wasted time & costs.
I doubt this is the case though..........