Continued Listing Compliance:

We advise public companies experiencing difficulties maintaining compliance with the listing requirements of their stock exchange. This includes assisting companies in the development of business and compliance plans, advising companies on an appropriate course of action to maintain or regain compliance, assisting with press release and Form 8-K disclosures, drafting company submissions, interacting with the Staff of the exchanges on behalf of companies and representing companies in delisting hearings, if necessary. In that regard, Donohoe Advisory has represented more than 300 companies in stock exchange delisting hearings.

Initial Listing Applications:

We have particular expertise in assisting companies with the preparation of initial listing applications and understanding the application of the exchanges’ corporate governance rules. We offer a number of significant advantages to companies seeking an exchange listing:

    • Extensive knowledge and understanding of NASDAQ, NYSE and NYSE Amex listing requirements, practices and policies (both written and unwritten)
    • Excellent working relationships with the Staffs at the major U.S. stock exchanges
    • Expertise in anticipating, identifying and overcoming potential obstacles relating to the listing process
    • Experience in significantly expediting and accelerating the listing process
    • Proficiency in managing listing applications in an efficient, effective and cost-effective manner

Reverse Merger Transactions:

We have extensive experience assisting both public and private companies in their efforts to effect “reverse mergers,” helping them to structure their transactions, including any capital-raising efforts and reverse stock splits, to ensure an exchange listing for the post-merger entity. Further, the listing of a company subsequent to a reverse merger typically requires the filing of an initial listing application and compliance with an exchange’s initial listing criteria. We help companies understand and apply the initial listing standards and, on their behalf, prepare the initial listing application and supporting materials. We also serve as liaison to the exchange Staff, thereby ensuring that any concerns are promptly and fully addressed.

Corporate Governance/Transaction Structure:

We provide advice to law firms and listed companies on the applicability of the exchanges’ corporate governance rules, including the shareholder approval and voting rights rules. With respect to NASDAQ-listed companies, this includes helping companies obtain a written interpretation from NASDAQ on the applicability of the NASDAQ Listing Rules to specific transactions such as mergers, acquisitions or private placements. We also have experience helping listed companies to obtain “financial viability” exceptions to otherwise applicable shareholder approval and voting rights requirements.