UNITED STATES OF AMERICA
Agency decision
Ask Donna
What actually matters in this document.
Text
UNITED STATES OF AMERICA
before the
SECURITIES AND EXCHANGE COMMISSION
SECURITIES EXCHANGE ACT OF 1934
Release No. 106025 / July 31, 2026
Admin. Proc. File No. 3-21292
In the Matter of
AMERITRUST CORPORATION
ORDER DENYING UNTIMELY MOTION FOR RECONSIDERATION
On May 14, 2026, the Securities and Exchange Commission issued a final opinion and
order revoking the registration of each class of Ameritrust Corporation’s (“Ameritrust’s”)
securities registered under Exchange Act Section 12 (the “Final Order”). 1 In the Final Order, we
found that Ameritrust violated the Securities Exchange Act of 1934 and rules thereunder by not
filing five required periodic reports that were due between December 2021 and December 2022.
On June 5, 2026—22 days after we issued the Final Order—Ameritrust filed what it
labeled as an “Emergency Motion,” requesting that we stay the Final Order’s revocation of
Ameritrust’s securities registrations. We deny that motion as an untimely motion for
reconsideration. Even if timely, the motion would also fail on the merits.
Although styled as an emergency stay request, Ameritrust’s motion ultimately asks that
we vacate the Final Order after permitting the company time to remedy its delinquencies—and
relies on arguments it either made or could have made previously. We therefore construe
Ameritrust’s filing as a motion for reconsideration. 2 Commission Rule of Practice 470 provides
that parties must file motions for reconsideration within 10 days after the order being challenged
was served. 3 Ameritrust was served with the Final Order on May 15, 2026, meaning it had to
file a motion for reconsideration by May 25, 2026. Ameritrust did not file its motion until June
1
2026).
Ameritrust Corp., Exchange Act Release No. 105486, 2026 WL 1396755 (May 14,
2
Cf. Vladislav Steven Zubkis, Exchange Act Release No. 53651, 2006 WL 985310, at *1
n.5 (Apr. 13, 2006) (construing a motion styled as a motion for clarification of an order as a
motion for reconsideration).
3
17 C.F.R. § 201.470(b). The rule also provides that one may request an extension of this
10-day deadline if that request is filed within those 10 days. Id.
2
5, 2026—11 days later. 4 Ameritrust never sought an extension of time to file its motion. Seok
Song Kang, representing himself as Ameritrust’s CEO, represents that he did not learn of the
Final Order until May 30, 2026. But the Final Order was properly served on Ameritrust through
an email address used throughout this proceeding to serve various orders. Individuals claiming
to represent Ameritrust repeatedly responded to those orders, and Kang himself listed that email
address on filings. We thus do not find Kang’s claim of ignorance an adequate excuse for the
untimely filing.
Even if timely, Ameritrust’s motion would fail on the merits. Reconsideration is an
“extraordinary remedy designed to correct manifest errors of law or fact” and a party seeking
reconsideration “may not simply reiterate arguments previously made.” 5 Nor may a party use a
motion for reconsideration to advance arguments that it could have made before but did not. 6
That is nevertheless what Ameritrust does here, as it either repeats arguments already made and
rejected in our Final Order, or it advances for the first time arguments that were available to
Ameritrust previously.
Accordingly, IT IS ORDERED that Ameritrust’s motion for reconsideration of the final
order of the Commission in this proceeding issued on May 14, 2026, is denied. 7 No further
filings will be considered in this proceeding. Any further filings seeking reconsideration would
4
See, e.g., Edward M. Daspin, Exchange Act Release No. 98554, 2023 WL 6307096, at *1
(Sept. 27, 2023) (denying motion for reconsideration as untimely where the motion was filed
after the 10-day deadline and applicant had not moved for an extension); Steven Robert
Tomlinson, Exchange Act Release No. 74354, 2015 WL 755826, at *1 (Feb. 23, 2015) (denying
motion for reconsideration as untimely when it was filed seven days after the 10-day deadline).
5
Bruce M. Zipper, Exchange Act Release No. 84324, 2018 WL 4692884, at *3 (Oct. 1,
2018) (cleaned up).
6
7
FCS Sec., Exchange Act Release No. 65267, 2011 WL 4448864, at *1 (Sept. 6, 2011).
Because we deny the motion, we also deny as moot Ameritrust’s request for a stay of the
Final Order’s revocation of the registrations of the company’s securities.
3
be untimely and inconsistent with our Rules of Practice, which allow for only one motion for
reconsideration in any given proceeding. 8
By the Commission.
Vanessa A. Countryman
Secretary
8
See Rule of Practice 470(a), 17 C.F.R. § 201.470(a) (permitting a party to “file a motion
for reconsideration of a final order issued by the Commission” (emphasis added)); Edward M.
Daspin, Exchange Release No. 98554, 2023 WL 6307096, at *1 n.4 (Sept. 27, 2023) (ordering
that no further filings would be accepted because further motions for reconsideration would be
untimely and inconsistent with the Commission’s rules prohibiting successive motions for
reconsideration).
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.