NYSE Regulation publishes a list of issuers that are noncompliant with NYSE MKT quantitative/qualitative continued listing standards (collectively ?.BC?) or that are delayed in filing an annual or interim report required pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 (a late filer or ?.LF?).
A Threshold Security is defined by Rule 203(c)(6) of the SEC's Regulation SHO as any equity security of an issuer that is registered under Section 12, or that is required to file reports pursuant to Section 15(d) of the Exchange Act where for five consecutive settlement days: (1) there are aggregate fails to deliver at a registered clearing agency of 10,000 shares or more per security; (2) the level of fails is equal to at least one-half of one percent of the issuer's total shares outstanding; and (3) the security is included on a list published by a self regulatory organization.
Reg SHO is designed to fulfill several objectives, including: (a) the establishment of uniform locate and delivery requirements in order to address problems associated with failures to deliver, and (b) the creation of uniform marking requirements for sales of all equity securities. Accordingly NYSE MKT will post a list of threshold securities on this site for every settlement day. Note: The Threshold List will not be generated on bank holidays when the Depository Trust & Clearing Corporation is closed but equity exchanges are open.Due to a system malfunction, incorrect Regulation SHO Threshold Securities Lists for NYSE MKT were published for September 28, September 29 and September 30, 2009. The corrected lists are published on this page under the appropriate dates. Access the original Regulation SHO Threshold Lists.
Due to a technical problem that was recently discovered, for 66 trade dates between January 1, 2010 and February 22, 2011, the Threshold Securities Lists published for NYSE, NYSE MKT and NYSE Arca incorrectly omitted securities that met the requirements for a Threshold Security. The Threshold Securities Lists for those trade dates were republished on February 24, 2011 with corrected information. The affected dates are noted by an asterisk.
Rules and Interpretations
NYSE Amex Options
NYSE MKT is also the SRO for NYSE Amex Options.
Find proposed rule changes regarding NYSE MKT that have been filed with the U.S. Securities and Exchange Commission. These filings, filed on SEC Form 19b-4, relate to proposed amendments to Rules and Interpretations, Fees and certain other matters regarding NYSE MKT.
Information Memos are addressed to all members and member organizations and typically publish interpretations of NYSE and NYSE MKT rules and descriptions of NYSE, NYSE MKT and SEC rules and policies.
Member Education Bulletins
Member Education Bulletins are addressed to floor members only and provide updates to NYSE Rules and policies related to floor trading activity. Member Education Bulletins are also used as reminder notices.
Prior to June 2010, NYSE MKT Regulation's Enforcement division investigated and prosecuted violations of NYSE MKT Rules and applicable federal laws or regulations that occur on or through the systems and facilities of the New York Stock Exchange . Since June 2010, FINRA investigates and prosecutes potential violations on behalf of NYSE Regulation.
Disciplinary Actions stem from a variety of sources that include internal referrals, investor complaints, examinations of member organizations, and referrals from the SEC.
Financial and Operational Compliance
NYSE MKT ("the Exchange") has contracted with FINRA as its agent to perform certain regulatory responsibilities. All broker dealers for which NYSE MKT is the Designated Examining Authority (DEA) must direct all financial and operational compliance notices, reports, including FOCUS Reports (submitted via the FINRA eFOCUS system) and updates to organizational documents to their FINRA Finance Coordinator. All NYSE MKT DEA broker-dealers may direct questions regarding FOCUS reports, financial disclosure filings, broker-dealer examinations and NYSE MKT rule-related questions to their FINRA Finance Coordinator.
FINRA eFocus System
All NYSE MKT DEA broker-dealers must submit their focus reports (Part 11A and Schedule I) to NYSE MKT via FINRA's eFocus system, which can be accessed through the Electronic Filing Platform. Refer to NYSE Regulation Information Memo 07-25 (Web-based transmission of Focus Data) for further information. Firms are reminded to maintain each manually signed Focus report filed at its place of business. FINRA staff may request to review the signed cover pages during their examinations, or may ask for a copy to be submitted to FINRA as needed.
If you experience any problems accessing your system or have technical questions, please contact your FINRA Finance Coordinator.
Requests for Extensions
Requests for extensions must be received in writing on or prior to the due date and should include the reason for the request. Requests should be directed to the attention of Robert J. Devine at firstname.lastname@example.org.