ARTICLE
6 November 2017

NYSE Proposes To Revise Rule Relating To News Releases Issued At Market Close

AO
A&O Shearman

Contributor

A&O Shearman was formed in 2024 via the merger of two historic firms, Allen & Overy and Shearman & Sterling. With nearly 4,000 lawyers globally, we are equally fluent in English law, U.S. law and the laws of the world’s most dynamic markets. This combination creates a new kind of law firm, one built to achieve unparalleled outcomes for our clients on their most complex, multijurisdictional matters – everywhere in the world. A firm that advises at the forefront of the forces changing the current of global business and that is unrivalled in its global strength. Our clients benefit from the collective experience of teams who work with many of the world’s most influential companies and institutions, and have a history of precedent-setting innovations. Together our lawyers advise more than a third of NYSE-listed businesses, a fifth of the NASDAQ and a notable proportion of the London Stock Exchange, the Euronext, Euronext Paris and the Tokyo and Hong Kong Stock Exchanges.
On 29 August 2017, the SEC announced a proposed rule change submitted by the NYSE that would amend Section 202.06 of the NYSE Listed Company Manual.
United States Finance and Banking

On 29 August 2017, the SEC announced a proposed rule change submitted by the NYSE that would amend Section 202.06 of the NYSE Listed Company Manual. Section 202.06 currently provides only an advisory text requesting that listed companies intending to release material news after the close of trading on the NYSE wait until the earlier of the publication of their security's official closing price on the NYSE or 15 minutes after the scheduled closing time on the NYSE.

For the purpose of mitigating the risk of market disruption and investor confusion, the proposal intends to prohibit listed companies from issuing material news after the NYSE's trading session official closing time (4:00 p.m. Eastern Time) until the earlier of (i) the publication of such company's official closing price on the NYSE or (ii) five minutes after the official closing time.

For the NYSE, this proposed Section 202.06 amendment would mainly:

  • prevent the occurrence of significant news-related price volatility on other markets during the brief period between the NYSE's official closing time and the completion of the closing auction. Therefore, significant price differences in nearly contemporaneous trades on other markets and the closing price on the NYSE would be avoided, without imposing a burden on competition; and
  • promote just and equitable principles of trade by ensuring that participants in a NYSE closing auction do not have their trades executed at a price that is inconsistent with contemporaneous trading prices on other markets that reflect material news that was released after the NYSE's official closing time.

The SEC's announcement is available at:

https://www.sec.gov/rules/sro/nyse/2017/34-81494.pdf

The proposed rule change from NYSE is available at:

https://www.nyse.com/publicdocs/nyse/markets/nyse/rule-filings/filings/2017/NYSE-2017-32,%20Re-file%202.pdf

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More