Nasdaq puts Apple on notice

The stock exchange says the Mac maker is not in compliance with its rules, a requirement for being listed.

Apple Computer, which has delayed a quarterly regulatory filing amid a stock-options accounting probe, said Friday that it has received a letter from Nasdaq warning that it's not in compliance with the exchange's rules.

Companies must complete regular Securities and Exchange Commission filings as a requirement of continued listing on the Nasdaq. The Cupertino, Calif.-based company said last week it would , pending an inquiry into stock option grant irregularities.

The Mac maker said it has requested a hearing and will remain listed on the exchange pending that hearing.

"We fully anticipated receipt of this letter," Apple spokeswoman Katie Cotton told CNET News.com. "It's a matter of procedure. We're focused on resolving this matter as quickly as possible."

Apple is the best-known of dozens of companies that are under inquiry by either the SEC or the U.S. Attorney's Office regarding the timing of stock option grants. The company disclosed in June that it had "discovered irregularities" related to the issuance of certain stock option grants made between 1997 and 2001, including one grant to CEO Steve Jobs. The grant to Jobs was later cancelled, and Apple has said he received no financial gain.

Among the businesses investigating their options practices is CNET Networks, publisher of CNET News.com. In June, CNET received a grand jury subpoena from the U.S. Attorney's Office. It earlier said it is the subject of an informal inquiry from the SEC. This week, the company said it, like Apple, expects to delay its quarterly SEC filing.

About the author

    During her years at CNET News, Ina Fried has changed beats several times, changed genders once, and covered both of the Pirates of Silicon Valley. These days, most of her attention is focused on Microsoft. E-mail Ina.

     

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