2021 BRN Discussion, page-6128

All things are possible however if the company is acting in accordance with the ASX guidelines, and they have never given any indication that they do not, in fact they appear to be overly conservative, I think this would be an over stretch of the rules and what they allow subject to the following observations:

Observation 1. Recently Brainchip issued a press release with Biotome. Lets say the press release was BRN is proud to announce the signing of a commercial agreement to experiment with AKIDA technology to see if it will work to do ABC and if it does Biotome a company with hardly any resources will try and find somewhere to make the product and then try and sell it. This announcement is likely not to have any impact on the share price at all and using the reasonable person test you might think that a reasonable person would not even consider this important enough to announce.

Observation 2. Assume your example is correct to get to the point of first sale there would need to have been a whole range of agreements about the IP the how it was to be implemented etc; Assume in your scenario as well that the other party to this agreement was a company the size of Apple or Google or Tesla or Amazon. If you apply the ASX reasonable person test even the fact that one of these companies is testing AKIDA technology would propel the share price through the roof so a situation where the agreement is so strong as to actually have say an iPhone coming out with this technology in it regardless of a condition about a first sale has being made or not this just has to fail the reasonable person test and some earlier announcement would most definitely have been required.

You can delay as I have suggested by having all sorts of indefinite things in a Heads of Agreement which will obviously occur before it is a complete commercial agreement but an agreement with a significant party is not in my opinion going to get as far down the road as you suggest before an announcement has to be made by law.

Think also about this if Brainchip did hide a stellar announcement that should have made it onto the ASX months before in breach of the ASX rules then if you had sold out your shares in the company in ignorance of this information at a time when it clearly should have been announced and you had a choice about whether to sell at that moment or not I think there would potentially be a gaggle of lawyers chasing down the street you to join a class action.

Now this is just the opinion of an anonymous poster on HC so make sure you DYOR
FF.

AKIDA Ballista