SEC Comment Letter for UNITED STATES ANTIMONY CORP (UAMY) (CIK 0000101538) (UAMY) — May 29, 2014
UNITED STATES ANTIMONY CORP (UAMY) (CIK 0000101538)
Date: May 29, 2014 · CIK: 0000101538 · Accession: 0000000000-14-027329
AI Filing Summary & Sentiment
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May 28, 2014 Via E -mail John C. Lawrence President United States Antimony Corporation P.O. Box 643 Thompson Falls, Montana 59873 Re: United States Antimony Corporation Registration Statement on Form S-3 Filed May 9, 2014 File No. 333 -195836 Dear Mr. Lawrence: We have limited our review of your registration statement to those issues we have addressed in our comments. In some of our comments, we may ask you to provide us with information so we may better understand your disclosure. Please respond to this letter by amending your registration statement and providing the requested information. Where you do not believe our comments apply to your facts and circumstances o r do not believe an amendment is appropriate, please tell us why in your response. After reviewing any amendment to your registration statement and the information you provide in response to these comments, we may have additional comments. General 1. We note your Form 8 -K filed on December 20, 2014 for the annual meeting held on December 14, 2013. It appears that the 8 -K was not timely filed and that you are not eligible to use Form S -3. See General Instruction I.A.3 to the Form S -3. Please advise u s why you believe you are eligible to use the form. We urge all persons who are responsible for the accuracy and adequacy of the disclosure in the filing to be certain that the filing includes the information the Securities Act of 1933 and all applicable Securities Act rules require. Since the company and its management are in possession of all facts relating to a company’s disclosure, they are responsible for the accuracy and adequacy of the disclosures they have made. John C. Lawrence United States Antimony Corporation May 28, 2014 Page 2 Notwithstanding our comments, in the event you request acceleration of the effective date of the pending registration statement please provide a written statement from the company acknowledging that: should the Commission or the staff, acting pursuant to delegated authority, declare the filing effective, it does not foreclose the Commission from taking any action with respect to the filing; the action of the Commission or the staff, acting pursuant to delegated authority, in declaring the filing effective, does not relieve the company from its full responsibility for the adequacy and accuracy of the disclosure in the filing; and the company may not assert staff comments and the declaration of effectiveness as a defense in any proceeding initiated by the Commission or any person under the federal securities laws of the United States. Please refer to Rules 460 and 461 regarding reques ts for acceleration. We will consider a written request for acceleration of the effective date of the registration statement as confirmation of the fact that those requesting acceleration are aware of their respective responsibilities under the Securities Act of 1933 and the Securities Exchange Act of 1934 as they relate to the proposed public offering of the securities specified in the above registration statement. Please allow adequate time for us to review any amendment prior to the requested effective date of the registration statement. Please contact Ronald E. Alper at (202) 551 -3329 or James Lopez , at (202) 551 - 3536 with any questions. Sincerely, /s/ James Lopez (for) John Reynolds Assistant Director cc: Paul M. Boyd, Esq.