SEC Approves Nasdaq Changes to Listing Standards
June 30, 2008
On June 17, 2008, the SEC approved a Nasdaq proposed rule change requiring listed companies to meet and maintain a certain amount of "public holders" or "total holders", rather than a certain amount of round lot holders. We discussed the proposed changes in our June 16, 2008 edition of Securities Financial News to Note. Under the amended rules, Nasdaq would generally require 300 public holders for continued listing on the Nasdaq Capital Market, and 400 total holders for continued listing on the Nasdaq Global and Global Select Markets. In the case of preferred stock and secondary classes of common stock, 100 public holders would be required for continued listing on the Nasdaq Capital, Global and Global Select Markets. The definition of “total holders” includes beneficial holders and holders of record. The definition of “public holders” includes beneficial holders and holders of record and excludes any holder who is an executive officer, director, or more than 10% beneficial holder. The amended rules also clarify that the definition of "round lot holders" includes beneficial holders in addition to holders of record.
In approving these rule changes, the SEC found that the new requirements would continue to ensure that securities listed on the Nasdaq Global Select Market, Nasdaq Global Market and Nasdaq Capital Market would have sufficient liquidity in order to promote orderly and fair markets and were consistent with the requirements of the American Stock Exchange and the New York Stock Exchange.
http://sec.gov/rules/sro/nasdaq/2008/34-57981.pdf