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Home > > GEMX General 3
General 3 Membership and Access

Changes to this rule became operative as of May 13, 2021. The Transitional Rulebook, containing the old Exchange membership rules applies only to matter initiated or pending as of May 13, 2021. See the attached Transitional Rulebook for more information.

Series 1000 of the Rules of The Nasdaq Stock Market, LLC (“Nasdaq”), as such rules may be in effect from time to time (the “Nasdaq Rule 1000 Series”), are hereby incorporated by reference into this Nasdaq GEMX General 3 (other than Nasdaq Rule 1031), and are thus Nasdaq GEMX Rules and thereby applicable to Nasdaq GEMX Members, Associated Persons, and other persons subject to the Exchange’s jurisdiction. Nasdaq GEMX Members, Associated Persons, and other persons subject to the Exchange’s shall be read to refer to the Nasdaq GEMX Board of Directors; the defined term “Director” in the Nasdaq Rule 1000 Series shall be read to refer to a Director of the Board of the Nasdaq GEMX Exchange; the defined term “Exchange Review Council” in the Nasdaq Rule 1000 Series shall be read to refer to the Nasdaq GEMX Exchange Review Council; the defined term “Subcommittee” in the Nasdaq Rule 1000 Series shall be read to refer to a Subcommittee of the Nasdaq GEMX Exchange Review Council; the defined term “Interested Staff” in the Nasdaq Rule 1000 Series shall be read to refer to Interested Staff of Nasdaq GEMX; the defined term “Member” in the Nasdaq Rule 1000 Series shall be read to refer to a Nasdaq GEMX Member who acts in its capacity as an Electronic Access Member, a Primary Market Maker, or a Competitive Market Maker; the defined term “Associated Person” shall be read to refer to a Nasdaq GEMX Associated Person; the defined terms “Exchange Membership Department” or “Membership Department” shall be read to refer to the Nasdaq GEMX Membership Department; and the defined term “Exchange Regulation Department” shall be read to refer to the Nasdaq GEMX Regulation Department.

Additionally, cross references in the Nasdaq Rule 1000 Series to “General 1 and Equity 1” shall be read as references to Nasdaq GEMX General 1, Section 1; cross references in the Nasdaq Rule 1000 Series to “General 9, Section 20” shall be read as references to Nasdaq GEMX Options 10, Section 5(c)(2); cross references in the Nasdaq Rule 1000 Series to “General 9, Section 37” shall be read as references to Nasdaq GEMX Options 9, Section 21; and cross references to the “General 4, Rule 1200 Series” shall be read as references to Nasdaq GEMX General 4, Section 1.

The Nasdaq Rule 1000 Series shall also apply to Nasdaq GEMX Members who meet the following requirements:

Foreign Members: A Member that does not maintain an office in the United States responsible for preparing and maintaining financial and other reports required to be filed with the Commission and the Exchange must:

(1) prepare all such reports, and maintain a general ledger chart of account and any description thereof, in English and U.S. dollars;

(2) reimburse the Exchange for any expense incurred in connection with examinations of the Member to the extent that such expenses exceed the cost of examining a Member located within the continental United States; and

(3) ensure the availability of an individual fluent in English and knowledgeable in securities and financial matters to assist representatives of the Exchange during examinations.

Adopted April 13, 2021 (SR-GEMX-2021-02), operative May 13, 2021.

 
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