Are Section 16 Reports and Forms 144 required to be filed with NASDAQ?
Yes. Federal securities laws require the filing with NASDAQ of Section 16 filings (Forms 3, 4 and 5), and Form 144 filings that relate to NASDAQ-listed securities. However, NASDAQ has received no-action relief from the Securities and Exchange Commission that allows the electronic filing of these documents through the SEC’s EDGAR system to satisfy the obligation to file these reports with NASDAQ. A copy of filings not made using the SEC’s EDGAR system should be sent to Listing Qualifications. Note that the no-action relief does not extend to companies that file with the FDIC, even if the filings are made electronically through FDICconnect. As such Section 16 reports and Forms 144 relating to FDIC filers must still be provided to NASDAQ in paper.
