NQ's last 6-F filing clearly indicates no disagreement with PwC on any matter of accounting principles or practices, financial statement disclosure, or auditing scope or procedure. As a Foreign Private Issuer (FPI)NQ is required to File the 20-F and has chosen to file 6-F quarterly. Instruction on 20-F are quite clear: "FPI’s certifying accountant, including a letter, which must be filed as an exhibit, from the former accountant stating whether it agrees with the statements furnished by the FPI and, if not, stating the respects in which it does not agree". (Source 20-F).
To my knowledge, NQ has not amended or provided an exhibit of a letter from PwC. Additionally, the instructions for the 6-F indicate: Reports on Form 6-K generally take the place of Quarterly Reports on Form 10-Q (which include financial reports) and Current reports on Form 8-K (which include disclosure on material events) that U.S. domestic issuers are required to file. (Source 6-K) The 6-K is not specific in the reporting the dismissal of an auditor except to state that changes in the registrant’s certifying accountants are required. Only the 8-K is specific:
Notice to the Auditor and the Auditor's Response
8-K Item 4.01 specifically references S-K Item 304(a)(3), which requires the company to:
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Provide to the auditor a copy of the disclosure no later than the date that the registrant files the 8-K;
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Request the auditor's written response in a letter from the auditor addressed to the SEC and indicating whether the auditor agrees with the company's disclosure and, if not, how not; and
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File the auditor's letter as an exhibit to the 8-K, either with the initial filing or as an amendment to the initial filing no later than 10 business days thereafter (but, in any event, within two business days of receipt).
Should we expect a 6-K filing next week from NQ with this letter, amendment, exhibit? The 10 day requirement for NQ attachment is up Aug 1. It seems to me that if shorts see a letter for PwC stating no disagreement the stock will continue rising.
Comments and thoughts or am I getting to detailed in my anticipation of the 20-F filing!