Cooley LLP reports on SEC approval of NYSE rule regarding primary business change

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NYSE Rule Change: Immediate Suspension and Delisting for Companies Changing Business Focus

NYSE Receives Approval for Rule Change Allowing Immediate Suspension and Delisting of Companies for Change in Business Focus

The New York Stock Exchange (NYSE) has been granted accelerated approval by the Securities and Exchange Commission (SEC) for a proposed rule change that would allow the NYSE to suspend and delist a listed company if it undergoes a significant change in its primary business focus.

The rule change, initially filed in April and amended in July, aims to address concerns that investors may be misled or suffer losses if a listed company changes its business focus to a new area that is substantially different from its original listing or was immaterial at the time of listing. The NYSE believes that investors who made decisions based on the company’s original business may not have invested if they knew about the change.

Under the new rule, the NYSE can immediately suspend and delist a company if it changes its primary business focus without providing prompt written notice to the exchange. The NYSE will assess the company’s suitability for continued listing based on qualitative factors, including changes in management, ownership, and financial structure.

If a company is deemed unsuitable for continued listing due to a change in business focus, it will be subject to immediate suspension and delisting procedures. The NYSE acknowledges that this new discretionary authority will be used sparingly and only after thorough analysis of the situation.

Overall, the rule change is intended to protect investors and ensure transparency in the listing process. Companies will now need to carefully consider any changes in their business focus to avoid potential suspension and delisting from the NYSE.

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