BSML, Inc. Receives NASDAQ Notice
16 April 2007 - 11:20PM
PR Newswire (US)
WALNUT CREEK, Calif., April 16 /PRNewswire-FirstCall/ -- On April
12, 2007, BSML, Inc. (the "Company"), received a written Staff
Determination Notice (the "Notice") from the NASDAQ Stock Market
("NASDAQ") stating that the Company is not in compliance with
NASDAQ's Marketplace Rule 4310(c)(2)(B) because the Company's
stockholders' equity was $2,482,000, the market value of the
Company's listed securities was $15,256,879, and because the
Company had reported net losses from continuing operations in its
annual filings for the years ended December 30, 2006, December 31,
2005, and December 25, 2004. NASDAQ Rule 4310(c)(2)(B) requires a
company to have a minimum of $2,500,000 in stockholders' equity or
$35,000,000 market value of listed securities or $500,000 of net
income from continuous operations for the most recently completed
fiscal year or two of the three most recently completed fiscal
years. The Notice also states that where an issuer fails to comply
with the stockholders' equity requirement within one year of
regaining compliance with that requirement pursuant to an exception
by the NASDAQ Listing Qualifications Panel (the "Panel"). The
Notice points out that the Panel notified the Company on June 2,
2006, that it had evidenced compliance with the stockholders'
equity requirement that was the subject of a March 17, 2006,
exception letter. (See the Company's Current Report on Form 8-K,
filed with the Commission on June 6, 2006.) Accordingly, the Notice
states, unless the Company requests an appeal of the determination,
trading of the Company's common stock will be suspended at the
opening of business on April 23, 2007, and a Form 25-NSE will be
filed with the Securities and Exchange Commission, which will
remove the Company's securities from listing and registration on
The NASDAQ Stock Market. The Company is presently reviewing its
options and determining whether to file an appeal as outlined in
the Notice and permitted under the NASDAQ rules. In the event that
the Company decides to appeal the determination of non- compliance,
there can be no assurance that the Panel will grant the Company's
request for continued listing. Additionally, under the NASDAQ
Marketplace Rules, the Company is required to disclose that the
audit report of Stonefield Josephson, Inc., the Company's
independent registered public accounting firm, relating to the
Company's financial statements for the year ended December 30,
2006, included a "going concern" qualification. DATASOURCE: BSML,
Inc. CONTACT: Julian Feneley of BSML, Inc., +1-925-279-2870 Web
site: http://www.britesmile.com/
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