Notice2026-18878
In the Matter of The Nasdaq Stock Market LLC; Order Granting Petitions for Review and Scheduling Filing of Statements Regarding an Order Approving a Proposed Rule Change, as Modified by Amendment No. 1, To Adopt a New Continued Listing Requirement
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 15, 2026
Issuing agencies
Securities and Exchange Commission
Full Text
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<title>Federal Register, Volume 91 Issue 177 (Tuesday, September 15, 2026)</title>
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[Federal Register Volume 91, Number 177 (Tuesday, September 15, 2026)]
[Notices]
[Pages 58499-58500]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18878]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-106338; File No. SR-NASDAQ-2026-004]
In the Matter of The Nasdaq Stock Market LLC; Order Granting
Petitions for Review and Scheduling Filing of Statements Regarding an
Order Approving a Proposed Rule Change, as Modified by Amendment No. 1,
To Adopt a New Continued Listing Requirement
September 11, 2026.
This matter comes before the Securities and Exchange Commission
(``Commission'') on petition to review the approval, pursuant to
delegated authority, of The Nasdaq Stock Market LLC's (``Nasdaq'')
proposed rule change (File No. SR-NASDAQ-2026-004) to adopt a new
continued listing requirement.
On January 13, 2026, Nasdaq filed with the Commission, pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder,\2\ the proposed rule change. The proposed
rule change was published for comment in the Federal Register on
January 29, 2026.\3\ On March 11, 2026, the Division of Trading and
Markets (``Division''), for the Commission pursuant to delegated
authority,\4\ designated a longer period within which to approve the
proposed rule change, disapprove the proposed rule change, or institute
proceedings to determine whether to approve or disapprove the proposed
rule change.\5\ On April 28, 2026, the Division, for the Commission
pursuant to delegated
[[Page 58500]]
authority,\6\ instituted proceedings under Section 19(b)(2)(B) of the
Act \7\ to determine whether to approve or disapprove the proposed rule
change.\8\
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\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ See Securities Exchange Act Release No. 104688 (Jan. 26,
2026), 91 FR 3935.
\4\ See 17 CFR 200.30-3(a)(31).
\5\ See Securities Exchange Act Release No. 104968, 91 FR 12631
(Mar. 16, 2026).
\6\ See 17 CFR 200.30-3(a)(57).
\7\ 15 U.S.C. 78s(b)(2)(B).
\8\ See Securities Exchange Act Release No. 105333, 91 FR 23495
(May 1, 2026).
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On June 18, 2026, the Exchange filed Amendment No. 1 to the
proposed rule change, which replaced and superseded the original filing
in its entirety. Amendment No. 1 was published for comment in the
Federal Register on June 25, 2026.\9\ The Commission received comments
regarding the proposed rule change.\10\
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\9\ See Securities Exchange Act Release No. 105747 (June 22,
2026), 91 FR 38460.
\10\ Comments received on the proposed rule change are available
at: <a href="https://www.sec.gov/rules-regulations/public-comments/sr-nasdaq-2026-004">https://www.sec.gov/rules-regulations/public-comments/sr-nasdaq-2026-004</a>.
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On July 22, 2026, after consideration of the record in the proposed
rule change, the Division, for the Commission pursuant to delegated
authority,\11\ approved the proposed rule change, as modified by
Amendment No. 1 (``Approval Order'').\12\
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\11\ See 17 CFR 200.30-3(a)(12).
\12\ See Securities Exchange Act Release No. 105971, 91 FR 46995
(July 27, 2026).
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Pursuant to Rule 430 of the Commission's Rules of Practice,\13\ on
July 29, 2026, the Small Public Company Coalition (``SPCC'') and
Cemtrex, Inc. (``Cemtrex'') each filed a notice of intention to
petition for review of the Approval Order,\14\ and on August 5, 2026,
SPCC and Cemtrex each filed a petition for review of the Approval
Order.\15\ Pursuant to Rule 431(e) of the Commission's Rules of
Practice, notice of intention to petition for review results in an
automatic stay of the action by delegated authority until the
Commission orders otherwise.\16\
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\13\ 17 CFR 201.430.
\14\ See SPCC, Notice of Intention to Petition for Review (July
29, 2026), available at <a href="https://www.sec.gov/files/rules/sro/nasdaq/2026/notice-intent-petition-spcc-072926.pdf">https://www.sec.gov/files/rules/sro/nasdaq/2026/notice-intent-petition-spcc-072926.pdf</a>; Cemtrex, Notice of
Intention to Petition for Review (July 29, 2026), available at
<a href="https://www.sec.gov/files/rules/sro/nasdaq/2026/notice-intent-petition-cemtrex-inc-072926.pdf">https://www.sec.gov/files/rules/sro/nasdaq/2026/notice-intent-petition-cemtrex-inc-072926.pdf</a>. See also bioAffinity Technologies,
Inc., Notice of Intention to Petition for Review (July 30, 2026),
available at <a href="https://www.sec.gov/files/rules/sro/nasdaq/2026/bioaffinity-073126.pdf">https://www.sec.gov/files/rules/sro/nasdaq/2026/bioaffinity-073126.pdf</a>; Netcapital Inc., Notice of Intention to
Petition for Review (July 30, 2026), available at <a href="https://www.sec.gov/files/rules/sro/nasdaq/2026/netcapital-inc-073126.pdf">https://www.sec.gov/files/rules/sro/nasdaq/2026/netcapital-inc-073126.pdf</a>;
Twin Vee Powercats Co., Notice of Intention to Petition for Review
(July 30, 2026), available at <a href="https://www.sec.gov/files/rules/sro/nasdaq/2026/twin-vee-powercats-co-073126.pdf">https://www.sec.gov/files/rules/sro/nasdaq/2026/twin-vee-powercats-co-073126.pdf</a>. bioAffinity
Technologies, Inc., Netcapital Inc., and Twin Vee Powercats Co. did
not file a petition for review.
\15\ See SPCC, Petition for Review (Aug. 5, 2026), available at
<a href="https://www.sec.gov/files/rules/sro/nasdaq/2026/34-105971-petition-small-public-company-coaltion.pdf">https://www.sec.gov/files/rules/sro/nasdaq/2026/34-105971-petition-small-public-company-coaltion.pdf</a>; Cemtrex, Petition for Review
(Aug. 5, 2026), available at <a href="https://www.sec.gov/files/rules/sro/nasdaq/2026/34-105971-petition-cemtrex.pdf">https://www.sec.gov/files/rules/sro/nasdaq/2026/34-105971-petition-cemtrex.pdf</a>.
\16\ 17 CFR 201.431(e).
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Pursuant to Rule 431 of the Commission's Rules of Practice,\17\ the
petitions of SPCC and Cemtrex for review of the Approval Order are
granted. Further, the Commission hereby establishes that any party or
other person may file a written statement in support of or in
opposition to the Approval Order on or before October 6, 2026.
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\17\ 17 CFR 201.431.
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For the reasons stated above, it is hereby:
Ordered that the petitions of SPCC and Cemtrex for review of the
Division's action made pursuant to delegated authority are granted; and
It is further ordered that any party or other person may file a
statement in support of or in opposition to the action made pursuant to
delegated authority on or before October 6, 2026.
It is further ordered that the Approval Order shall remain stayed
pending further order of the Commission.
By the Commission.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2026-18878 Filed 9-14-26; 8:45 am]
BILLING CODE 8011-01-P
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