What happens if my company fails to meet the continued listing criteria?
If a company i s unable to maintain compliance with the continued listing criteria, it will be notified, in writing, of the nature of the deficiency and the action necessary to regain compliance. Receipt of such a notification must be disclosed in a press release and a Form 8-K within four business days. If the company does not regain compliance, it will be issued a delisting letter. In addition, in some circumstances, the failure to meet the continued listing criteria could immediately result in the issuances of a delisting letter. However, if the company receives a delisting letter, it will have the opportunity to appeal to the Hearings Panel. See Hearings Process for additional information. The company should contact its Listing Qualifications analyst to discuss the specifics of its particular situation.
If a company is unable to maintain compliance with the continued listing criteria, it will be notified, in writing, of the nature of the deficiency and the action necessary to regain compliance. Receipt of such a notification must be publicly announced by filing a Form 8-K, where required by SEC rules, or issuing a press release within four business days. However, note that in the case of a deficiency related to the requirement to file a periodic report contained in Rule 5250(c)(1) or (2), the company is required to make a public announcement by issuing a press release. Before the release of the public announcement, the company must provide a copy of the announcement to NASDAQ’s MarketWatch. As described in Rule 5250(b)(1) and IM-5250-1, the company must notify MarketWatch about the announcement through the electronic disclosure submission system available at www.nasdaq.net, except in emergency situations when notification may instead be provided by telephone or facsimile. If the publi
