A number of shareholders have contacted us with the desire to be on the “Non-Objecting Beneficial Owner” list. This is the list which is accessible to the company, setting out who its shareholders are, if the shareholders hold their stock in the form of a nominee. Brokers often hold their clients’ shares in the name of their own organization as a nominee account number to facilitate easy trading. Shareholders who instruct their broker that they want to receive information from the company, by being known to the company, appear on the NOBO list.
The reason that I have reminded our shareholders of this fact is that we want to ensure that they are able to receive financing related correspondence that is addressed to shareholders only, if there is to be such correspondence. Companies and their shareholders are permitted to have direct arrangements under certain circumstances, as these are not public offerings. Winning Brands is evaluating all options available to arrange financing which takes shareholder interests into account, including direct arrangements where permissible or desirable. Such correspondence however must be with shareholders directly to respect the requirement that it is only with qualifying individuals.
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Each broker has their own way of dealing with the NOBO option. Some code the account itself, while others permit the shareholder to specify the security from which the shareholder would like communication. The purpose of this clarification was to serve as a courtesy to shareholders because in such arrangements, if and where they occur, “record date” is one way of ensuring that only bona fide shareholders are included, ie those who already have a position. This is also determined through the NOBO list.