Notice2026-18113
Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Rule 9558 of Nasdaq's Disciplinary Code
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 4, 2026
Issuing agencies
Securities and Exchange Commission
Full Text
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<title>Federal Register, Volume 91 Issue 171 (Friday, September 4, 2026)</title>
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[Federal Register Volume 91, Number 171 (Friday, September 4, 2026)]
[Notices]
[Pages 56934-56938]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18113]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-106257; File No. SR-NASDAQ-2026-072]
Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Amend Rule 9558 of Nasdaq's Disciplinary Code
September 1, 2026.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on August 31, 2026, The Nasdaq Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend Rule 9558 of Nasdaq's disciplinary
code, which governs summary proceedings authorized by Section 6(d)(3)
of the Act. Specifically, Nasdaq proposes making a technical correction
to Rule 9558 to permit Nasdaq Regulation Department staff to issue a
written notice initiating summary proceedings. Currently, Rule 9558
permits only Financial Industry Regulatory Authority (``FINRA'') staff
to issue a written notice initiating summary proceedings. The issuance,
whether by Nasdaq Regulation Department staff or FINRA staff, on a
case-by-case basis of a written notice initiating summary proceedings
would continue to require written authorization from Nasdaq's Chief
Regulatory Officer (as defined in Nasdaq's Rule 9000 Series), and the
circumstances in which Nasdaq could initiate summary proceedings would
remain unchanged, as described in greater detail below.
Nasdaq's proposed rule change aligns with the rules of other self-
regulatory organizations, including New York Stock Exchange, LLC
(``NYSE'') Rule 9558, which specifically provides in relevant part that
NYSE staff may issue a written notice initiating summary proceedings.
Nasdaq's proposed rule change is immediately effective.
The text of the proposed rule change is available on the Exchange's
website at <a href="https://listingcenter.nasdaq.com/rulebook/nasdaq/rulefilings">https://listingcenter.nasdaq.com/rulebook/nasdaq/rulefilings</a>, and at the principal office of the Exchange.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
Rule 9558 of Nasdaq's disciplinary code governs summary proceedings
for actions authorized under Section 6(d)(3) of the Act. Under current
Rule 9558(a), Nasdaq's Chief Regulatory Officer may provide ``FINRA
staff'' with written authorization to issue on a case-by-case basis a
written notice initiating summary proceedings in specified
circumstances (described in greater detail below). However, current
Rule 9558(a) does not permit Nasdaq's Chief Regulatory Officer to
authorize Nasdaq Regulation Department staff to issue a written notice
initiating summary proceedings. As described in greater detail below,
Nasdaq proposes to amend Rule 9558(a) so that Nasdaq's Chief Regulatory
Officer may authorize either Nasdaq Regulation Department staff or
FINRA staff to issue on a case-by-case basis a written notice
initiating summary proceedings. Under proposed revised Rule 9558(a),
issuance of a written notice initiating summary proceedings would
continue to require written authorization from Nasdaq's Chief
Regulatory Officer, regardless of whether Nasdaq Regulation Department
[[Page 56935]]
staff or FINRA staff issues the written notice initiating summary
proceedings.
Summary proceedings often involve time-sensitive matters that
require prompt resolution, for example, expeditiously suspending a
member in such financial or operating difficulty that the member's
continued business on the Exchange jeopardizes the safety of investors,
creditors, other Exchange members, or the Exchange itself.\3\ When
Nasdaq's Chief Regulatory Officer authorizes the initiation of summary
proceedings on a case-by-case basis, current Rule 9558(a) requires that
Nasdaq coordinate with a third party (FINRA) to issue the written
notice initiating summary proceedings.\4\ Nasdaq believes that
permitting Nasdaq Regulation Department staff to exercise the same
authority to issue a written notice initiating summary proceedings will
help avoid potential unnecessary delays in those instances where
Nasdaq's Chief Regulatory Officer authorizes a summary proceeding.
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\3\ See Rule 9558(a)(2).
\4\ A Regulatory Services Agreement (``RSA'') between Nasdaq and
FINRA governs the procedure for coordination between Nasdaq and
FINRA with respect to the issuance of a written notice initiating
summary proceedings under Rule 9558.
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This proposal is modeled after, and substantially similar to, NYSE
Rule 9558. In particular, NYSE Rule 9558(a) provides in relevant part
that NYSE staff may issue a written notice initiating summary
proceedings.
i. Background on Current Rule 9558
Under current Rule 9558(a), Nasdaq's Chief Regulatory Officer ``may
provide written authorization to FINRA staff to issue on a case-by-case
basis a written notice that summarily:
(1) suspends a member, person associated with a member or person
subject to Nasdaq's jurisdiction who has been and is expelled or
suspended from any self-regulatory organization or barred or suspended
from being associated with a member of any self-regulatory
organization;
(2) suspends a member who is in such financial or operating
difficulty that Association staff determines and so notifies the
Commission that the member cannot be permitted to continue to do
business as a member with safety to investors, creditors, other
members, or Nasdaq; or
(3) limits or prohibits any person with respect to access to
services offered by Nasdaq if paragraphs (1) or (2) of this Rule or the
provisions of Section 6(d)(3) of the Act applies to such person or, in
the case of a person who is not a member, if the Chief Regulatory
Officer of Nasdaq determines that such person does not meet the
qualification requirements or other prerequisites for such access and
such person cannot be permitted to continue to have access with safety
to investors, creditors, members, or Nasdaq, and so notifies the
Commission.''
Under Rule 9120(c), ``Chief Regulatory Officer'' means the ``Chief
Regulatory Officer of Nasdaq, or his or her delegatee, who shall be a
person who reports to the Chief Regulatory Officer of Nasdaq.'' \5\
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\5\ Rule 9110(c) incorporates by reference into the Rule 9000
Series the definitions in Nasdaq General 1(b) and Rule 9120. Rule
9558 is part of the Rule 9000 Series.
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Current Rule 9558(b), the numbering and text of which remains
unchanged, governs service of a notice issued under Rule 9558. In
general, Rule 9558(b) provides in relevant part that either Nasdaq
Regulation Department staff or FINRA (acting on behalf of Nasdaq) shall
serve a member or person \6\ subject to a written notice under Rule
9558 by facsimile,\7\ email, overnight courier, or personal delivery.
Rule 9558(b) provides that the method of service must comport with the
requirements of Rule 9134, which governs procedures for service.
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\6\ If counsel or another person authorized under Rule 9141
represents the member or person, Rule 9558(b) provides for service
on the counsel or authorized person if the counsel or authorized
person agrees to accept service for the member or person.
\7\ In contrast, NYSE Rule 9558(b) does not provide for service
by facsimile.
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Current Rule 9558(c), the numbering and text of which remains
unchanged, governs the contents of a notice issued under Rule 9558.
Current Rule 9558(c) provides in relevant part that a notice issued
under Rule 9558 shall ``state the specific grounds and include the
factual basis for the Nasdaq action.'' Under current Rule 9558(c), the
notice must state that the respondent may file a written request for a
hearing with FINRA's Office of Hearing Officers. Also, under current
Rule 9558(c), the notice must inform the respondent of the deadline to
request a hearing and must state that a hearing request ``must set
forth with specificity any and all defenses to the Nasdaq action.''
Additionally, current Rule 9558(c) provides that the notice must
explain that, ``pursuant to Rules 8310(a) and 9559(n), a Hearing
Officer \8\ or, if applicable, Hearing Panel,\9\ may approve, modify or
withdraw any and all sanctions or limitations imposed by the notice,
and may impose any other fitting sanction.''
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\8\ Under Rule 9120(p), ```Hearing Officer' means an attorney
who is appointed by the Chief Hearing Officer to act in an
adjudicative role and fulfill various adjudicative responsibilities
and duties described in the Rule 9200 Series regarding disciplinary
proceedings, the Rule 9550 Series regarding expedited proceedings,
and the Rule 9800 Series regarding temporary cease and desist
proceedings brought against members and associated persons. Hearing
Officers may be drawn from FINRA's pool of Hearing Officers pursuant
to the Regulatory Contract, if approved by the Nasdaq Board of
Directors at least annually.''
\9\ Under Rule 9120(q), ```Hearing Panel' means an Adjudicator
that is constituted under Rule 9231 to conduct a disciplinary
proceeding governed by the Rule 9200 Series, that is constituted
under the Rule 9520 Series or the Rule 9550 Series to conduct a
proceeding, or that is constituted under the Rule 9800 Series to
conduct a temporary cease and desist proceeding.''
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Current Rule 9558(d), the numbering and text of which remains
unchanged, provides that a limitation, prohibition or suspension
referenced in a notice issued and served under Rule 9558 takes effect
immediately. Under Rule 9558(d), the limitation, prohibition or
suspension remains in effect unless, after a timely request for a
hearing and written request for a stay, the Chief Hearing Officer \10\
or Hearing Officer assigned to the matter finds good cause to stay the
limitation, prohibition or suspension.
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\10\ Under Rule 9120(b), ```Chief Hearing Officer' means the
Hearing Officer that manages the Office of Hearing Officers, or his
or her delegatee. The Chief Hearing Officer may be FINRA's Chief
Hearing Officer pursuant to the Regulatory Contract, if approved by
the Nasdaq Board of Directors at least annually.''
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Current Rule 9558(e), the numbering and text of which remains
unchanged, provides that a member or person subject to a notice issued
under Rule 9558 may file with FINRA's Office of Hearing Officers a
written request for a hearing under Rule 9559. Under current Rule
9558(e), the hearing request must be made within seven days after
service of the notice issued under Rule 9558, and the hearing request
must state ``with specificity any and all defenses to the Nasdaq
action.''
Current Rule 9558(f), the numbering and text of which remains
unchanged, provides that a notice issued under Rule 9558 shall
constitute final Nasdaq action if a member or person subject to notice
under Rule 9558 does not timely request a hearing.
Current Rule 9558(g) provides that a member or person subject to a
limitation, prohibition or suspension under Rule 9558 may file a
written request for termination of the limitation, prohibition or
suspension on the ground of full compliance with the notice or
decision. In specifying with whom such written request must be filed,
current Rule 9558(g) provides that the request ``shall be filed with
the head of the FINRA department or office that issued the notice or,
if another FINRA department or office is named as the
[[Page 56936]]
party handling the matter on behalf of the issuing department or
office, with the head of the FINRA department or office that is so
designated.'' Current Rule 9558(g) also provides that the ``appropriate
head of the department or office may grant relief for good cause
shown.''
Current Rule 9558(g) does not contemplate the issuance by Nasdaq
Regulation Department staff of a written notice initiating summary
proceedings. As discussed in greater detail below, Nasdaq proposes
revising Rule 9558(g) to make clear the person with whom a written
request for termination of a limitation, prohibition or suspension
should be filed depending on which staff (that is, Nasdaq Regulation
Department staff or FINRA staff) issues the written notice initiating
summary proceedings.
ii. Proposed Rule Change
Proposed revised Rule 9558(a) would permit Nasdaq's Chief
Regulatory Officer to authorize either ``Nasdaq Regulation Department
staff or FINRA staff to issue on a case-by-case basis a written
notice'' initiating summary proceedings. As noted above, current Rule
9558(a) provides that Nasdaq's Chief Regulatory Officer may authorize
only FINRA staff to issue a written notice initiating summary
proceedings. The proposed inclusion of ``Nasdaq Regulation Department
staff'' in proposed revised Rule 9558(a) reflects that the Nasdaq
Regulation Department is the department within Nasdaq responsible for
investigating potential violations of applicable Nasdaq or Commission
rules by Nasdaq members and associated persons and, if appropriate,
taking appropriate enforcement action.
Nasdaq proposes to conform two additional provisions of Rule 9558
to the proposed revision to Rule 9558(a). First, proposed revised Rule
9558(a)(2) would provide in relevant part that either ``Nasdaq
Regulation Department staff or FINRA staff'' may make the determination
that a member ``is in such financial or operating difficulty . . . that
the member cannot be permitted to continue to do business as a member
with safety to investors, creditors, other members, or Nasdaq.'' \11\
The proposed revision to Rule 9558(a)(2) would permit Nasdaq Regulation
Department staff both to make the determination of financial or
operating difficulty and, under proposed revised Rule 9558(a), to issue
a written notice initiating summary proceedings. Second, proposed
revised Rule 9558(g) would provide in relevant part that a written
request for termination of the limitation, prohibition or suspension on
the ground of full compliance shall be filed with the ``head of the
Nasdaq Regulation Department or FINRA department or office that issued
the notice, or if another department or office is named as the party
handling the matter on behalf of the issuing department or office, with
the head of the department or office that is so designated.'' As a
result, if Nasdaq Regulation Department staff were to issue a written
notice initiating summary proceedings under proposed revised Rule
9558(a), proposed revised Rule 9558(g) would direct the recipient of
such written notice to file a written request for termination with the
head of Nasdaq Regulation Department. Reflecting that proposed revised
Rule 9558(a) also would permit Nasdaq Regulation Department staff to
issue a written notice initiating summary proceedings, proposed revised
Rule 9558(g) also would omit the term ``FINRA'' in two instances where
current Rule 9558(g) provides in relevant part that, ``if another
[FINRA] department or office is named as the party handling the matter
on behalf of the issuing department or office, with the head of the
[FINRA] department or office that is so designated.'' \12\
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\11\ Nasdaq's proposed revised Rule 9558(a)(2) also reflects a
one-word technical correction: It replaces the undefined term
``Association staff'' with the more specific phrase ``FINRA staff,''
which clarifies the specific ``Association'' (namely, FINRA) to
which it refers.
\12\ See also Exhibit 5 (showing the proposed revised rule text,
with deletions in brackets).
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As noted above, current Rules 9558(b)-(f) would remain unchanged.
As a result, the procedure for the recipient of a written notice
initiating summary proceedings to request a hearing under current Rule
9558(e) would remain unchanged, regardless of whether Nasdaq Regulation
Department staff or FINRA staff issues the written notice initiating
summary proceedings. Rule 9559, which remains unchanged, continues to
govern the hearing procedure for a summary proceeding under Rule 9558.
iii. Similarity To NYSE Rule 9558
Nasdaq's proposed rule change is modeled after, and substantially
similar to, NYSE Rule 9558. Specifically, NYSE Rule 9558 provides in
relevant part that NYSE's Chief Regulatory Officer may authorize NYSE
staff to issue a written notice initiating summary proceedings.\13\
Additionally, NYSE Rule 9558(a)(2) provides for NYSE staff to make the
determination of a NYSE member organization's financial or operating
difficulty. However, unlike Nasdaq's current and proposed revised Rule
9558(a), NYSE Rule 9558 contains no provisions mentioning FINRA. Also,
while NYSE Rule 9558(a) expressly mentions authorization from a
designee of NYSE's CRO, Nasdaq's current and proposed revised Rule
9558(a) incorporates by reference the prospect of delegation by
Nasdaq's Chief Regulatory Officer. In particular, and as noted above,
Nasdaq Rule 9120(c) (which Nasdaq Rule 9110 incorporates by reference
into Rule 9558) defines ``Chief Regulatory Officer'' to mean ``Chief
Regulatory Officer of Nasdaq, or his or her delegatee, who shall be a
person who reports to the Chief Regulatory Officer of Nasdaq.''
Additionally, while Nasdaq Rule 9558 generally uses the terms
``member'' and ``associated person,'' NYSE Rule 9558 uses the analogous
terms ``member organization'' and ``covered person.'' Finally, while
Nasdaq Rule 9558(d) provides for the immediate effectiveness of a
limitation, prohibition or suspension pursuant to Rule 9558, NYSE Rule
9558(d) provides for immediate effectiveness ``unless otherwise
specified'' in NYSE's written notice initiating summary proceedings
under Rule 9558.
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\13\ While NYSE Rule 9558(a) specifies that ``Exchange staff''
may issue a written notice initiating summary proceedings in
specified circumstances, Nasdaq's proposed revised Rule 9558(a)
specifies the staff of the particular Nasdaq department (namely,
Nasdaq Regulation Department) that may issue a written notice
initiating summary proceedings.
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2. Statutory Basis
The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\14\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\15\ in particular, in that it is designed to
promote just and equitable principles of trade, to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and, in general to protect investors and the public
interest, by providing Nasdaq with the ability to promptly serve a
written notice initiating summary proceedings through Nasdaq Regulation
Department staff in those instances where Nasdaq's Chief Regulatory
Officer determines that Nasdaq Regulation Department staff should issue
such a written notice.
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\14\ 15 U.S.C. 78f(b).
\15\ 15 U.S.C. 78f(b)(5).
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As discussed above, this proposed revision is modeled after, and
substantially similar to, NYSE Rule 9558. In particular, proposed
revised Rule 9558(a) would permit Nasdaq Regulation Department to issue
a
[[Page 56937]]
written notice initiating summary proceedings (just as NYSE staff
currently may issue a written notice initiating summary proceedings
under NYSE Rule 9558) and would permit Nasdaq Regulation Department
staff to make a determination of a member's financial or operating
difficulty (a determination that NYSE staff currently may make under
NYSE Rule 9558).
As noted elsewhere in this proposal, Nasdaq believes that summary
proceedings under Rule 9558 often involve time-sensitive matters and
require prompt resolution. As one example, Nasdaq may invoke proposed
revised Rule 9558 where a member ``is in such financial or operating
difficulty that Nasdaq Regulation Department staff or FINRA staff
determines and so notifies the Commission that the member cannot be
permitted to continue to do business as a member with safety to
investors, creditors, other members, or Nasdaq.'' \16\ In some
instances, summary proceedings may result from an investigation
conducted or overseen by the Nasdaq Regulation Department (which, as
noted above, is the department within Nasdaq responsible for
investigating potential violations of applicable Nasdaq or Commission
rules by Nasdaq members and associated persons). Especially because
some summary proceedings may result from an investigation conducted by
the Nasdaq Regulation Department, Nasdaq believes that permitting
Nasdaq Regulation Department staff to issue a written notice initiating
summary proceedings will help expedite summary proceedings and avoid
potential delays that might result if FINRA staff were needed to issue
such a written notice in all instances.\17\
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\16\ See proposed revised Rule 9558(a)(2).
\17\ While this proposal affords Nasdaq the option to issue a
written notice initiating summary proceedings through Nasdaq
Regulation Department staff, Nasdaq believes that preserving the
option to issue a written notice initiating summary proceedings
through FINRA staff appropriately preserves Nasdaq's flexibility in
some instances. For example, if Nasdaq's issuance of a written
notice initiating summary proceedings follows FINRA's suspension or
expulsion of a common member from FINRA membership, Nasdaq may elect
for FINRA staff to issue such a written notice.
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In addition, Nasdaq believes that conforming proposed Rules
9558(a)(2) and 9558(g) to reflect the proposed revision to Rule 9558(a)
will promote clarity and help expedite summary proceedings. In
particular, the proposed revision to Rule 9558(a)(2) would allow for
Nasdaq Regulation Department staff to both make the determination of a
member's financial or operating difficulty and to issue the written
notice initiating summary proceedings in appropriate circumstances. In
some instances, an investigation conducted or overseen by Nasdaq
Regulation Department staff may trigger concern that a member is in
such financial or operating difficulty that the member cannot be
permitted to continue to do business as a member with safety to
investors, creditors, other members, or Nasdaq. As a result, permitting
Nasdaq Regulation Department staff to make the determination of a
member's financial or operating difficulty would help expedite matters
and avoid potential delays if FINRA staff were needed in all instances
to make the determination of a member's financial or operating
difficulty. Given that proposed revised Rule 9558(a) would allow either
Nasdaq Regulation Department staff or FINRA staff to issue a written
notice initiating summary proceedings, the proposed revision to Rule
9558(g) also would clarify with whom a written request for termination
of a limitation, prohibition or suspension must be filed. The
procedural protections afforded to a recipient of a written notice
initiating summary proceedings would remain unchanged under proposed
revised Rule 9558, as noted above. For example, the issuance on a case-
by-case basis of a written notice initiating summary proceedings would
continue to require written authorization from Nasdaq's Chief
Regulatory Officer. Also, Rule 9558(e) would continue permitting the
recipient of a written notice initiating summary proceedings to request
a hearing, which would remain governed by Rule 9559. In addition, the
particular staff (i.e., Nasdaq Regulation Department staff or FINRA
staff) making the determination of a member's financial or operating
difficulty under proposed revised Rule 9558(a)(2) would continue to
provide the Commission with notice of the staff's determination.
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. The proposed rule involves the
administration of the Exchange's disciplinary code and raises no
competitive concerns. Rather than addressing competitive issues, the
proposed rule change would enable Nasdaq's Chief Regulatory Officer to
authorize either Nasdaq Regulation Department staff or FINRA staff to
issue on a case-by-case basis a written notice initiating summary
proceedings, would permit Nasdaq Regulation Department staff to both
make the determination of a member's financial or operating difficulty
and to issue the written notice initiating summary proceedings, and
would clarify with whom the recipient of a written notice initiating
summary proceedings must file a written request for termination of the
limitation, prohibition or suspension on the ground of full compliance
with the notice or decision. The circumstances in which Nasdaq's Chief
Regulatory Officer may authorize issuance of a written notice
initiating summary proceedings remain unchanged.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were either solicited or received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule change does not: (i)
significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days after the date of the filing, or such
shorter time as the Commission may designate, it has become effective
pursuant to Section 19(b)(3)(A)(iii) of the Act \18\ and subparagraph
(f)(6) of Rule 19b-4 thereunder.\19\
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\18\ 15 U.S.C. 78s(b)(3)(A)(iii).
\19\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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A proposed rule change filed under Rule 19b-4(f)(6) \20\ normally
does not become operative prior to 30 days after the date of the
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\21\ the Commission
may designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposed
rule change may become operative immediately upon filing. The Exchange
states that a waiver of the operative delay would permit Nasdaq
Regulation Department staff to issue a written notice initiating
summary proceedings and to make the determination of a member's
financial or operating difficulty, and that permitting Nasdaq
[[Page 56938]]
Regulation Department staff to take these steps will help expedite the
resolution of summary proceedings, which often require a prompt
resolution of time-sensitive matters. For this reason, and because the
proposed rule change raises no new or novel legal or regulatory
issuers, the Commission finds that waiver of the operative delay is
consistent with the protection of investors and the public interest.
Accordingly, the Commission waives the 30-day operative delay and
designates the proposed rule change to be operative upon filing.\22\
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\20\ 17 CFR 240.19b-4(f)(6).
\21\ 17 CFR 240.19b-4(f)(6)(iii).
\22\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \23\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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\23\ 15 U.S.C. 78s(b)(2)(B).
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IV. Solicitation of Comments
Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
<bullet> Use the Commission's internet comment form (<a href="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>); or
<bullet> Send an email to <a href="/cdn-cgi/l/email-protection#7d0f081118501e1210101813090e3d0e181e531a120b"><span class="__cf_email__" data-cfemail="2c5e594049014f4341414942585f6c5f494f024b435a">[email protected]</span></a>. Please include
file number SR-NASDAQ-2026-072 on the subject line.
Paper Comments
<bullet> Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE, Washington, DC 20549-1090.
All submissions should refer to file number SR-NASDAQ-2026-072. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (<a href="https://www.sec.gov/rules/sro.shtml">https://www.sec.gov/rules/sro.shtml</a>). Copies of the filing will be available for inspection and
copying at the principal office of the Exchange. Do not include
personal identifiable information in submissions; you should submit
only information that you wish to make available publicly. We may
redact in part or withhold entirely from publication submitted material
that is obscene or subject to copyright protection. All submissions
should refer to file number SR-NASDAQ-2026-072 and should be submitted
on or before September 25, 2026.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\24\
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\24\ 17 CFR 200.30-3(a)(12), (59).
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Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2026-18113 Filed 9-3-26; 8:45 am]
BILLING CODE 8011-01-P
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