EOS electro optic systems holdings limited

Ann: Suspension from Official Quotation, page-125

  1. 705 Posts.
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    Yes, but that's different to actually releasing something to the market which was the question.

    There are practical limitation to how low EOS can remain suspended; accounts not completed means:

    1. They can't do tax returns -
    they can go years without lodging these too. And they could prepare and lodge these anyway - it's unlikely that anything affecting the Accounts at this time would impact on the Taxable Income calculation. A "Going Concern" issue has no impact on tax, Restructuring or Redundancy Provisions are not deductible until costs actually incurred, "Impairment" is not deductible until costs actually incurred or loss sustained (eg writing down the value of Spacelink would not be deductible, only once it is disposed of for a loss, and then that would be a Capital Loss not deductible against ordinary income anyway). Etc etc

    Also, their year end is December so their 2022 Tax Return is not due until June/July next year anyway.

    2. They wont have any financial bone-fides needed to compete for core RWS tenders -
    yes, would normally be required for financial due diligence. Usually these ask for last completed financial year plus Management Accounts for most recent. There would be a cut off at some point where they would no longer accept the Management Accounts, but that's not pre-defined or fixed.

    3. Lenders require periodic lodgement of audited accounts -
    depends on the review and default conditions of the loan document. And they're likely already in breach of the loan the have (which I suspect is primary issue with finalising the Accounts for release, probably along with Auditors (and possibly some Board members) disagreeing over carrying value of Spacelink and Contract Asset for UAE). Once in breach it's in the hands of the lenders and negotiation with respect to whether a breach is waived

    4. They will face legal santions for non-lodgement of financial accounts -
    yeah, this is nothing but a slap on the wrist. It's a $362 fine for being more than 1 month late https://asic.gov.au/regulatory-resources/forms/forms-folder/7051-notification-of-half-yearly-reports-asx-form-1001/ It takes quite some time before ASIC progresses this to anything more meaningful

    5. etc

 
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