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AAPL Stock: 117.6 ( -1.03 )

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NASDAQ notifies AAPL of non-compliance

updated 05:40 pm EDT, Fri August 11, 2006

AAPL incompliant with NSDQ

Apple today received a letter from NASDAQ (NSDQ) notifying the company that it is incompliant with the tech stock exchange rules, and has requested a hearing before the NASDAQ Listing Qualifications Panel in response. "As anticipated, the letter was issued in accordance with NASDAQ procedures due to the delayed filing of the Company's Form 10-Q for the quarter ended July 1, 2006," Apple wrote. "Pending a decision by the Panel, Apple shares will remain listed on the NASDAQ Stock Market."

An internal investigation discovered irregularities related to the issuance of certain stock option grants on June 29th of this year, which resulted in shareholder lawsuits naming top executives of the company. The Securities and Exchange Commission (SEC) took up the case in mid-July, and industry watchers in early August surmised that news of the probe would affect company earnings, and Apple executives recently sought legal counsel for the pending legal battle.




by MacNN Staff

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  1. legacyb4

    Joined: Dec 1969

    0

    oops

    get ready for a rocky ride...

  1. jarod

    Joined: Dec 1969

    0

    Bah

    Im not too worried. This will soon be over. It's just more drama than it's worth simply because it's Apple. If it were any another company, no one would give a damn.

  1. Senbei

    Joined: Dec 1969

    0

    actually...

    this doesn't look good as Apple has consistently referred to these issues as "irregularities" which in accounting circles means something done intentionally for self-interest/gain.

    http://blogs.wsj.com/law/2006/08/04/options-backdating-new-bruises-on-apple/

    Additionally, there was a period (April 2000-August 2001) when the board had no compensation committee and so decisions about executive pay and options grants were left up to the board (including Jobs himself).

    http://www.thestreet.com/_googlen/newsanalysis/techhardware/10302858.html

    Then there is the timing of Nancy Heinen's departure which back then, had some thinking that something big must be up (this was before Apple reported to the SEC about the irregularities).

    http://blogs.wsj.com/law/2006/05/12/apples-general-counsel-nancy-heinens-gone-hiking/

    Since both she and Apple have also hired legal counsel, this implies something that will not simply blow over.

  1. skyman

    Joined: Dec 1969

    0

    re:bah

    Yup it will soon be over just like Enron, Tyco and MCI.

  1. Loren

    Joined: Dec 1969

    0

    Nothing happens in August

    Please, please... pack journalism at work during a traditionally slow news month. I had to laugh out loudf watch The Nightly Business report Friday evening; they treated Apple's 42-cent loss like page one news.

    So they have a "whoops" to explain to the SEC, it's not like the life savings and pensions of a zillion employees have gone down the drain while a couple greedy CEO's profit.

    Anyway, we all know Gates and Microsoft are behind it. They are thrashing because the Mac Pro towers are here and give everybody what they want. That's the real news.

    ;-)

  1. Deal

    Joined: Dec 1969

    0

    Who wants to bet?

    When this is all said and done, It will be fleetingly mentioned. Most likely, here.

  1. Mongoos150

    Joined: Dec 1969

    0

    Nothin.

    "So they have a "whoops" to explain to the SEC, it's not like the life savings and pensions of a zillion employees have gone down the drain while a couple greedy CEO's profit."

    Precisely.

  1. LouZer

    Joined: Dec 1969

    0

    Re: bah

    Im not too worried. This will soon be over. It's just more drama than it's worth simply because it's Apple. If it were any another company, no one would give a damn.

    Man, you really give Apple more public credence then they deserve. You think everyone is just waiting for Apple to make any kind of mistake so all the media can crow about it? Please. This happens all the time, and it gets reported all the time, just not all over the place. In fact, if it weren't for the fact it was posted here, I wouldn't have heard about it.

  1. LouZer

    Joined: Dec 1969

    0

    Re: nothing

    So they have a "whoops" to explain to the SEC, it's not like the life savings and pensions of a zillion employees have gone down the drain while a couple greedy CEO's profit.

    Well, you would've said the same thing about Enron, Tyco, etc, up to the point when it happened. Up until the floor fell out, everyone considered Enron a great company, big profit maker, part of the new economy, great financials and future.

    So, what needs to be said is....

    Not YET.

  1. godrifle

    Joined: Dec 1969

    0

    Ummm

    Is "incompliant" a word?

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