• Oct
  • 21
  • 2008
  • 6:34 PM

'Nasdaq Overlooks Own Rule to Rescue Bruised Stocks'

By: Ray Pellecchia
File Under: NYSE

For those of you who accuse me of being a Nasdaq hater, that's Reuters's headline, not mine. If you'd prefer, you can take the DealBreaker blog's headline on the same subject: Rules Were Meant To Be Broken.

Excerpts from the Reuters article:

The Nasdaq Stock Market's decision to suspend one of its own listing rules comes as an avalanche of shares tumble below the $1 threshold, and is intended to avoid the mass delistings that followed the burst of the dot-com bubble. ...

At the end of September, 227 securities were penny stocks, up from 64 at the same time last year, the exchange said. By Oct. 9, the number had jumped to 344. ...

Glenn Tyranski, senior vice president of financial compliance at NYSE Regulation, the arm's length regulatory arm at exchange parent NYSE Euronext said about 20 listings are below the minimum price requirement.

But NYSE is not now considering suspending its price requirement, he told Reuters. "It's more than we've had previously, but we don't have that wave of people that are tripping the (requirement) yet."

While NYSE has never suspended its price requirements, Nasdaq did so shortly after the Sept. 11, 2001 attacks on the United States, in an effort to keep plunging stocks on the public market. ...

Although the current crisis is centered on the financial sector, the exchange wants to avoid a similar exodus of listings, from which it derives about 16 percent of overall revenue.

Let's see...tough choice, revenue or rules, revenue or rules, eeny-meeny...aw heck, revenue rules!

DealBreaker concluded its item this way:

See, if your stock price slips under $1.00, NASDAQ generally de-lists you. But, well, rules were meant to be broken. And it's just easier for Bob [Greifeld] this way, see?

Comments

Personally, I don't think you are a nasdaq hater! You are on the other side and of course you have to stick with your team! When I seen the headlines of Nasdaq suspending its own rules, I thought that was hiliarious! Imagine the nasdaq delisting 344 companies, which could increase in the near future. Ms. Greifeld (yes I said MS.) is comparable to a Police Officer... It is illegal to pass a red light but we all have to look the other way when an office breezes right though one!

by Mark T. on October 22, 2008 10:11 AM

I dont know what has changed over the last week, but the nyse has officially become nasdaq. It is hard to find a stock where the nyse quote is at the inside and or any real volume trades on it.

by josh on October 22, 2008 10:58 AM

josh you are right,

trading has become difficult because the NYS bid or offer is never inside. as a trader (big or small) there is no reason to post your size there because there is no tangible benefits over another ECN.(rebate, price discovery, etc) Why am i going to chose to place orders on DOT, when for all intents and purposes its just as electronic as other venues and ALWAYS has an inferior price? As a result, liquidity is vanishing, and moving to other ECNs. This, coupled with REG-NMS, is the exact reason why there is all this hyper-volatility on the open/close/news/large order/etc. Hopefully, this DMM thing solves some of these issues. I posted something similar to this a few weeks ago, if you care to read more.

by jt on October 22, 2008 3:48 PM

The NYSE has become an absolute joke. They are rarely on the inside quote and if they ever are its for 100 shares. There is no price discovery. The NYSE should be using this opportunity to petition the SEC and authorities to do away with reg NMS, reinstate the trade thru rule, and get rid of auto execution. What is needed most now is a transparent, liquid market with price discovery where blocks of stock trade, not an illiquid market dominated by algorythms and hidden orders were computers shuffle stock amongst one another all day. The NYSE has destroyed itself and its brand by whoring itself to the big brokerage firms who took it public. Now the public has no place to go for price discovery because there is no central market, and no liquidity providers, just a bunch of computers trying to game each other every second. It has destroyed the quality of trading and has become a detriment to the public good. It is an absolute disgrace.

by jack on October 22, 2008 9:05 PM

I would be careful before casting too many stones at NASDAQ for taking action during this market crisis to protect investors. There is no benefit to investors if these companies are delisted due to the financial crisis.

I do recall a little over a year ago that the NYSE created the "Fannie Mae" rule when that NYSE company was behing on their public filings. We all know how that ended.

by JVill on October 23, 2008 7:45 AM

Agreed. How is it that there is not more outrage over this?

by jt on October 23, 2008 8:22 AM

Ray,

Could you explain what the NYSE does with companies that are trading under $1.00? I thought I read that they get moved to NYSE Arca. Is that just their trading or their listing as well?

On another note, congrats on the ALEX switch but what happened with ADP? If I had to pick between the two, I would want ADP.

by Alan on October 23, 2008 1:07 PM

Alan -- Those issues continue to be listed on NYSE but until their stock price recovers they are traded on NYSE and other markets, not NYSE.

If you need more detail on that, it's described in this memo and this memo, and this SEC approval order.

Thanks for the congratulations on Alexander & Baldwin. Sorry, you'd have to ask ADP about their move; that's their decision and I can't speak for them. Me, I'd prefer not to pick one or the other; I want to keep or get every one that qualifies. But I'm greedy that way. Thanks for writing, Alan.

by Ray Pellecchia on October 23, 2008 2:26 PM

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