Snowman... Why don't you and star just make a bet like you did with me... Fact is, this is very easy to solve, so I will for both of you.. yes, a company technically could buy shares back every day of the year if they wanted to... Will XIN? No. Chinese Co's must hold themselves to a higher standard than most, and especially one with no CFO, low volume and float, regulatory uncertainty, auditors getting in trouble with the SEC, etc.... XIN should certainly stay within the safe harbor... Case closed. They could do the blind systematic buybacks, but I imagine they want more control and as long as they are picking off 1.54 mil per quarter, I am fine with them using the safe harbor for non blackout periods and not messing with the systematic option.... I have heard a lot of complaints about this co.... many valid.... but this just isn't one of them. I guess this a wait and see thing... but if they do anything close to last quarter, this is a non-issue... or rather, it is an issue in that it is a huge plus for this CO and its shareholders.
Question 7: Is compliance with Rule 10b-18 the exclusive means by which issuers may repurchase its stock in the market without engaging in manipulation?
Answer: No. Rule 10b-18 does not mandate the terms under which an issuer may repurchase its shares without engaging in manipulation. Rather, Rule 10b-18 sets forth conditions with which issuers must comply in order to obtain a safe harbor from liability for manipulation. Paragraph (d) of Rule 10b-18 expressly provides that there is no presumption of manipulation simply because the issuer's purchases do not satisfy the Rule's conditions.