rulebook-banner
Nasdaq Regulation Banner
rulebook-rules-menurulebook-rules-menu
BSECC  | BX  | GEMX  | ISE  | MRX  | Nasdaq  | PHLX  | SCCP   
Rulebook - Nasdaq GEMX
Print | Copy Link
Home > Nasdaq GEMX >
General 5 Discipline
Section 1. Disciplinary Jurisdiction

The rules contained in Nasdaq ISE General 5, Section 1, as such rules may be in effect from time to time (the "General 5, Section 1 Rules"), are hereby incorporated by reference into this Nasdaq GEMX General 5, Section 1, and are thus Nasdaq GEMX Rules and thereby applicable to Nasdaq GEMX Members. Nasdaq GEMX Members shall comply with the General 5, Section 1 Rules as though such rules were fully-set forth herein. All defined terms, including any variations thereof, contained in the General 5, Section 1 Rules shall be read to refer to the Nasdaq GEMX related meaning of such term. Solely by way of example, and not in limitation or in exhaustion: the defined term "Exchange" in the General 5, Section 1 Rules shall be read to refer to the Nasdaq GEMX Exchange; the defined term "Rule" in the General 5, Section 1 Rules shall be read to refer to the Nasdaq GEMX Rule; the defined term "Affiliate" in the General 5, Section 1 Rules shall be read to refer to the Nasdaq GEMX Affiliate; and the defined term "Member" in the General 5, Section 1 Rules shall be read to refer to the Nasdaq GEMX Member.

[Adopted June 27, 2019 (SR-GEMX-2019-08).]

Section 2. Investigations and Sanctions

Series 8000 of The Nasdaq Stock Market LLC Rules, as such rules may be in effect from time to time (the "Nasdaq Rule 8000 Series"), are hereby incorporated by reference into this Nasdaq GEMX Rules General 5, Section 2, 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 jurisdiction shall comply with the Nasdaq Rule 8000 Series as though such rules were fully set forth herein. All defined terms, including any variations thereof, contained in the Nasdaq Rule 8000 Series shall be read to refer to the Nasdaq GEMX-related meaning of such term. The defined terms "Exchange" or "Nasdaq" in the Nasdaq Rule 8000 Series shall be read to refer to the Nasdaq GEMX Exchange; the defined terms "Rule" or "Nasdaq Rule" in the Nasdaq Rule 8000 Series shall be read to refer to the Nasdaq GEMX Rules; the defined terms "Board" or "Exchange Board" in the Nasdaq Rule 8000 Series shall be read to refer to the Nasdaq GEMX Board of Directors; the defined term "Member" in the Nasdaq Rule 8000 Series shall be read to refer to a Nasdaq GEMX Member; the defined term "Associated Person" shall be read to refer to a Nasdaq GEMX Associated Person; the defined terms "Nasdaq Regulatory Department" or "Regulation Department" shall be read to refer to the Nasdaq GEMX Regulatory Department; the defined terms "Nasdaq Regulation" shall be read to refer to "Nasdaq GEMX Regulation"; the defined term "Chief Regulatory Officer" shall be read to refer to the Chief Regulatory Officer of Nasdaq GEMX; and "Equity Rule" shall be read to refer to a Nasdaq GEMX Rule.

Additionally, references in the Nasdaq Rule 8000 Series to "Rule 0120" shall be read to refer to Nasdaq GEMX General 1, Section 1 and Options 1, Section 1. References in the Nasdaq Rule 8000 Series to "Rule 1015" shall be read to refer to Nasdaq GEMX General 3, Section 2. References in the Nasdaq Rule 8000 Series to "Nasdaq Options 7, Section 1" shall be read to refer to Nasdaq GEMX Options 7, Section 2.

[Adopted June 27, 2019 (SR-GEMX-2019-08); amended June 10, 2020 (SR-GEMX-2020-15), operative July 10, 2020.]

Section 3. Code of Procedure

Series 9000 of The Nasdaq Stock Market LLC Rules, as such rules may be in effect from time to time (the "Nasdaq Rule 9000 Series"), are hereby incorporated by reference into this Nasdaq GEMX Rules General 5, Section 3, 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 jurisdiction shall comply with the Nasdaq Rule 9000 Series as though such rules were fully-set forth herein. All defined terms, including any variations thereof, contained in the Nasdaq Rule 9000 Series shall be read to refer to the Nasdaq GEMX-related meaning of such term. Solely by way of example, and not in limitation or in exhaustion: the defined terms "Exchange" or "Nasdaq" in the Nasdaq Rule 9000 Series shall be read to refer to the Nasdaq GEMX Exchange; the defined terms "Rule" or "Nasdaq Rule" in the Nasdaq Rule 9000 Series shall be read to refer to the Nasdaq GEMX Rules; the defined terms "Board" or "Exchange Board" in the Nasdaq Rule 9000 Series shall be read to refer to the Nasdaq GEMX Board of Directors; the defined term "Member" in the Nasdaq Rule 9000 Series shall be read to refer to a Nasdaq GEMX Member; the defined term "Associated Person" shall be read to refer to a Nasdaq GEMX Associated Person; the defined terms "Nasdaq Regulatory Department" or "Regulation Department" shall be read to refer to the Nasdaq GEMX Regulatory Department; the defined terms "Nasdaq Regulation" shall be read to refer to "Nasdaq GEMX Regulation"; the defined term "Chief Regulatory Officer" shall be read to refer to the Chief Regulatory Officer of Nasdaq GEMX; and "Equity Rule" shall be read to refer to a Nasdaq GEMX Rule.

Additionally, references in the Nasdaq Rule 9000 Series to the following rules shall be read to refer to the following Nasdaq GEMX Rules: "Rule 0120" shall be read to refer to Nasdaq GEMX Rule General 1, Section 1 and Options 1, Section 1; "Rule 1013" shall be read to refer to Nasdaq GEMX General 3, Sections 4 and 5; "General 2, Section 11" shall be read to refer to Nasdaq GEMX General 3, Section 4(b); "General 9, Section 1" shall be read to refer to Nasdaq GEMX Options 9, Section 1; "General 9, Section 1" shall be read to refer to Nasdaq GEMX Options 9, Section 6; and "General 9, Section 2" shall be read to refer to Nasdaq GEMX Options 10.

Notwithstanding the above, IM-9216 ("Violations Appropriate for Disposition Under Plan Pursuant to SEC Rule 19d-1(c)(2)") in the Nasdaq Rule 9000 Series shall not apply to the Nasdaq GEMX Exchange or to its Members, Associated Persons, or other persons subject to the jurisdiction of the Exchange. Instead, the Nasdaq GEMX Rule that governs such violations shall be Nasdaq GEMX Options 11, Section 1(b) and references in the Nasdaq Rule 9000 Series to IM-9216 shall be read to refer to Nasdaq GEMX Options 11, Section 1(b). Moreover, the procedures set forth in Nasdaq Rule 9216(b) and 9143(e)(3), which shall govern the handling of violations of Rules listed in Nasdaq GEMX Options 11, Section 1(b) that are subject to a plan approved by the Commission pursuant to SEC Rule 19d-1(c)(2) (the "Minor Rule Violation Plan" or "MRVP") and the issuance of MRVP letters, shall also apply to the Exchange's handling of violations of Rules listed in Nasdaq GEMX Options 11, Section 1(b) that are not subject to the MRVP ("minor rule violations") and the issuance of minor rule violation letters, except that the Exchange shall promptly report any final disciplinary action to the Commission, in accordance with SEC Rule 19d-1(c)(1).

[Adopted June 27, 2019 (SR-GEMX-2019-08); amended June 10, 2020 (SR-GEMX-2020-15), operative July 10, 2020.]

 
home_footer_links
Copyright_statement
App Store       Google Play       Listing Center Content RSS Feed
The Nasdaq Stock Market, Nasdaq, The Nasdaq Global Select Market, The Nasdaq Global Market, The Nasdaq Capital Market, ExACT and Exchange Analysis and Compliance Tracking system are trademarks of Nasdaq, Inc.
FINRA® and Financial Industry Regulatory Authority, Inc.® are registered trademarks of Financial Industry Regulatory Authority, Inc. OTCBBTM and OTC Bulletin BoardTM are trademarks of FINRA