April 2, 2009
On page 23 of Exhibit 5A, which is the text of the proposed rule change, under IM-5250-1. Disclosure of Material Information at the heading Use of Regulation FD Compliant Methods in the Disclosure of Material Information the last sentence states:
Companies are reminded that the posting of information on its own website is not by itself considered a sufficient method of public disclosure under Regulation FD, and as a result, under Nasdaq rules.
This statement is no longer correct in light of the Securities and Exchange Commissions Interpretive Release Commission Guidance on the Use of Company Web Sites of August 1, 2008 which states that posting of information on a companys website may be a sufficient method of public disclosure under Regulationd FD. http://www.sec.gov/rules/interp/2008/34-58288.pdf