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On July 10, 2026, Sullivan & Worcester submitted a comment letter to the U.S. Securities and Exchange Commission (SEC) regarding Nasdaq's proposal to adopt a new continued-listing requirement based on a company's Market Value of Listed Securities (MVLS), urging the SEC to reject or substantially revise the proposal.

Following the firm's prior submissions, this comment letter argues that Nasdaq’s proposed $5 million MVLS continued-listing requirement remains fundamentally flawed, even after Nasdaq introduced a new amendment intended to address criticism. Sullivan & Worcester contends that the amendment does not provide meaningful protection for companies facing delisting and instead creates a process that is discretionary, difficult to use, and unlikely to help issuers recover.

The letter also argues that Nasdaq has not adequately addressed concerns raised by opponents, including evidence that many companies falling below the proposed threshold later recovered. In addition, Sullivan claims the proposal unfairly disadvantages smaller public companies because the MVLS calculation excludes certain securities that represent real economic value, causing some issuers’ market capitalization to be understated. 

Overall, the firm urges the SEC to reject the proposal or require significant revisions, including a meaningful cure period before delisting, changes to the MVLS calculation, and more practical standards for companies seeking to regain compliance.

To stay informed on developments affecting small-cap and micro-cap market participants, visit Sullivan’s Small-Firm Task Force resource center, which provides ongoing insights, commentary and updates on the evolving regulatory landscape.