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Monday, October 07, 2019 1:32:51 PM
No. The NYSE does not "forcefully delist" companies that are not in compliance with listing rules. There are delisting procedures found in NYSE Listed Company Manual, Section 8 Suspension and Delisting - mainly 802.02 and 802.03 and 804.00 the formal delisting procedures when a cure is not forthcoming. see: https://bit.ly/2Vvjdfz
Regarding the December 1, 2008 to 30 days later period see below.
Before delisting, the NYSE sends a notice listing non-compliance and waits for a company response indicating a plan to reach compliance or to voluntarily delist or become subject to negative delisting procedures. Companies are given a 6 month cure period.
In the case of FNMA, FNMA fell out of compliance under 802.01C - Price Criteria for Capital or Common Stock. See: https://bit.ly/33gFjVL
The item is reproduced below:
I don't recall seeing any press release or other communication by FHFA that indicated any attempt at a "cure" to bring the price back above $1.
Yes. There were no attempts made to cure. Alternatives were considered and deemed as inadequate and therefore not employed. FHFA declared that the alternatives to cure deficiencies did not assure compliance success.
It is odd that FHFA used the 30-day closing price argument in June of 2010, when it was first true 18 months prior.
It was not an argument and it is not odd. It was not an argument since the NYSE sent notice of price compliance failure to Fannie Mae. FHFA declined to become compliant and voluntarily delisted Fannie Mae common and preferred shares on the NYSE and Chicago Stock Exchange (and Freddie Mac).
It is not odd since the NYSE sent a price non-compliance notice to Fannie Mae on November 12, 2008. The FHFA responded that it will try to reach compliance by May 11, 2009. See the November documents linked below. Here is an excerpt from the November 2008 8-K Item 3.01 submission:
Source:
Fannie Mae - Item 3.01 Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing.
https://www.sec.gov/Archives/edgar/data/310522/000129993310002367/htm_38021.htm
Press Release (Exhibit 99.1) - Fannie Mae Notifies NYSE and Chicago Stock Exchange of Intention to Delist
https://www.sec.gov/Archives/edgar/data/310522/000129993310002367/exhibit1.htm
Form 25 - NOTIFICATION OF REMOVAL FROM LISTING AND/OR REGISTRATION UNDER SECTION 12(b) OF THE SECURITIES EXCHANGE ACT OF 1934
https://www.sec.gov/cgi-bin/browse-edgar?action=getcompany&CIK=0000310522&type=25&dateb=&owner=exclude&count=40
Fannie Mae - November 12, 2008 - Item 3.01 Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing.
https://www.sec.gov/Archives/edgar/data/310522/000129993308005442/htm_30041.htm
November 18, 2008 - Fannie Mae Receives NYSE Notification on Continued Listing
https://www.sec.gov/Archives/edgar/data/310522/000129993308005442/exhibit1.htm
November 26, 2008 - Fannie Mae Advises NYSE of Intent to Meet Continued Listing Standard
https://www.sec.gov/Archives/edgar/data/310522/000129993308005560/exhibit1.htm
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Freddie Mac - Item 3.01. Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing.
https://www.sec.gov/Archives/edgar/data/1026214/000102621410000033/f71358e8vk.htm
Press Release - FREDDIE MAC NOTIFIES NYSE OF INTENTION TO DELIST
https://www.sec.gov/Archives/edgar/data/1026214/000102621410000033/f71358exv99w1.htm
Form 25 - NOTIFICATION OF REMOVAL FROM LISTING AND/OR REGISTRATION UNDER SECTION 12(b) OF THE SECURITIES EXCHANGE ACT OF 1934
https://www.sec.gov/Archives/edgar/data/1026214/000102621410000037/0001026214-10-000037-index.htm
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