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Re: johan31 post# 41985

Monday, 03/19/2012 8:30:05 PM

Monday, March 19, 2012 8:30:05 PM

Post# of 92948

They'll have to meet the requirements for one of the listing standards.Not sure they can do that short term. Remains to be seen I guess.



Before making the formal application which ACT plans on doing soon they most likely have been through review process. If they didn't meet criteria of one of the listing standards then why would a Company even apply?

Does NASDAQ offer a preliminary listing eligibility review for prospective applicants?

Yes. A company can seek a preliminary listing eligibility review by NASDAQ Listing Qualifications prior to applying. Pursuant to this review, the Listing Qualifications Staff will review the company's public filings to determine if it meets the numerical listing requirements. In addition, to the extent questions are raised by the company, the Listing Qualifications Staff will consider compliance with the corporate governance requirements of Listing Rule 5600, such as board and board committee structure, and regulatory concerns, such as may be raised under Rule 5100 and IM-5100. In considering whether any such questions exist, the company may find it helpful to review the information necessary to be submitted in response to the "Regulatory Proceedings/Litigation" section of the Listing Application. Please see our Listing Application Informational Guide. You may view the Listing Application & Related Forms using our preview function.

The Listing Qualifications Staff will, if necessary, meet with a prospective applicant to discuss any preliminary conclusions reached during this review. Once completed, Staff will determine whether it appears that the company satisfies NASDAQ's numerical initial inclusion criteria and whether any corporate governance or regulatory issues raised by the company would serve to prohibit NASDAQ from listing the company, and Staff will issue a letter to that effect. Any final approval, however, will require the company to submit a formal listing application, and is conditioned upon final review of that application and the company's continued compliance with all NASDAQ criteria for initial listing at the time of listing. In addition, any final approval will require a satisfactory conclusion of certain additional qualitative reviews that NASDAQ will perform, including a review of the regulatory history of the company's officers, directors, and significant shareholders.

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