To: Christopher J. Plachta who wrote (2013 ) 5/6/1998 6:57:00 PM From: jeffry A Decola Read Replies (1) | Respond to of 3967
ALL: I went on www.nasdaq.com to find what the requirements are for inclusion and continued inclusion on the exchange. Here is some info from "NASDAQ Marketplace Rules: Section 4310. Qualification Requirements for Domestic and Canadian Securities" Paragraph c states: "(c) In addition to the requirements contained in paragraph (a) or (b) above, and unless otherwise indicated, a security shall satisfy the following criteria for inclusion in Nasdaq:" Section 14 of paragraph c states "(14) The issuer shall file with Nasdaq three (3) copies of all reports and other documents filed or required to be filed with the Commission. An issuer that is not required to file reports with the Commission shall file with Nasdaq three (3) copies of reports required to be filed with the appropriate regulatory authority. All required reports shall be filed with Nasdaq on or before the date they are required to be filed with the Commission or appropriate regulatory authority. Annual reports filed with Nasdaq shall contain audited financial statements." In another place it states it can terminate inclusion if it does not follow a list of criteria, including the above. I think we already new this, but just wanted to check for myself. NASDAQ also states it basically can take a security off if it feels like it. I got this from the following document "4330. Suspension or Termination of Inclusion of a Security and Exceptions to Inclusion Criteria" paragraph a "(a) Nasdaq may, in accordance with Rule 9000 Series, deny inclusion or apply additional or more stringent criteria for the initial or continued inclusion of particular securities or suspend or terminate the inclusion of an otherwise qualified security if:" paragraph a section 3 "(3) Nasdaq deems it necessary to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, or to protect investors and the public interest." paragraph b refers to the above info: "(b) Should Nasdaq determine that a security's inclusion shall be suspended or terminated because of its noncompliance with the provisions of Rule 4310 or Rule 4320 or by the operation of paragraph (a)(1), (2) or (3) of this Rule, Nasdaq shall so notify the issuer prior to suspension or termination or as soon as practicable thereafter." Bottom line, there are strict requirements you don't screw with. jeff.