Nasdaq And The SEC Both Can't Be Correct
Thursday, March 25, 2021

Last year, Nasdaq proposed to adopt listing rules related to board diversity.  Earlier this year, Nasdaq proposed amendments to its proposals, stating:

"On February 26, Nasdaq filed an Amendment to propose modifications and clarifications to the Proposal based on comments submitted to the SEC."

Seeing Nasdaq's disclosure, I searched the SEC's website for the proposed amendments.  Meeting no success, I wrote to the SEC on to inquire about Nasdaq's proposed amendments.  Two weeks later, I received a response which stated:

"On March 10, 2021, the Nasdaq filed the Amendments you are seeking.  You can find the updated rule proposal at https://www.sec.gov/rules/sro/nasdaq/2021/34-91286.pdf."

Clearly, Nasdaq's statement is false if the SEC's statement is correct and the SEC's statement is false if Nasdaq's statement is correct.  

 

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