b-1. addresses it:
"b. Notice shall be deemed to have been given in accordance with this section only if:
1. Given to the National Association of Securities Dealers, Inc., no later than 10 days prior to the record date involved or, in case of a rights subscription or other offering if such 10 days advance notice is not practical, on or before the record date and in no event later than the effective date of the registration statement to which the offering relates, and such notice includes: . . . ."
They're supposed to notify FINRA (called NASD here) at least 10 days in advance. Then FINRA sets the ex-date... Exactly as happened with SWNE/MCII...