Nasdaq And The SEC Disagree On Filing Date Of Board Diversity Rule Amendments

Allen Matkins
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Allen Matkins

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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Allen Matkins
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