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  Listing Council Decision 2004-6
Identification Number 654
Rule 4310(c)(14): The issuer shall file with NASDAQ three (3) copies of all reports and other documents filed or required to be filed
with the Commission. This requirement is considered fulfilled for purposes of this paragraph if the issuer files the report or document
with the Commission through the Electronic Data Gathering, Analysis, and Retrieval ("EDGAR") system. An issuer that is not required
to file reports with the Commission shall file with NASDAQ three (3) copies of reports required to be filed with the appropriate regulatory
authority. All required reports shall be filed with NASDAQ on or before the date they are required to be filed with the Commission or
appropriate regulatory authority. Annual reports filed with NASDAQ shall contain audited financial statements.
Issue: The company disclosed that its audit committee initiated an investigation, in connection with a continuing Securities and
Exchange Commission investigation and at the request of its independent auditors, into the accounting and disclosures related to the
company’s relationship with one of its distributors. As such, when the company filed its Form 10-Q for the quarter ended September
30, 2003, the filing had not been reviewed by its independent auditors as required by SEC Rule 10-01(d) of Regulation S-X. As a
result, the company’s financial statements for that period could not be relied upon.
Determination: The company was properly delisted for failure to comply with the filing requirement. The Listing Council takes
seriously the requirement to file accurate and reliable financial statements and the concomitant purpose to provide investors with
current information regarding the company. Investors in securities listed on NASDAQ are entitled to assume that the companies of
those securities will promptly and accurately comply with their reporting obligations under the Securities Exchange Act of 1934.
Publication Date*: 7/31/2012 Mailto Link Identification Number: 654
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