By: Cydney Posner

Today, The Nasdaq Stock Market, Inc. announced that, effective today, it has become operational as an exchange in NASDAQ-listed securities. Click here for press release. NASDAQ announced that it plans to become operational as an exchange in other exchange-listed securities on October 1, 2006. As discussed in my email yesterday, the securities of companies that were listed on NASDAQ and registered under the Exchange Act have become registered under Section 12(b) of the Exchange Act.

In addition, NASDAQ is now operating as an independent self-regulatory organization, separate from the NASD. The SEC has approved certain proposed rule changes to conform the Rule 4000 Series (and other series) of NASDAQ’s rules to certain changes made to the Rule 4000 Series of the rules of NASD since approval of NASDAQ’s rules by the SEC in January 2006.

As a result, in your periodic reports, you should now show NASDAQ companies as 12(b) registered. In addition, NASDAQ previously advised there would be no change to companies" SEC file numbers.

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