On June 10, 2016, NASDAQ issued a proposed rule change to allow listed companies not currently subject to NASDAQ's all-inclusive annual listing fee to opt in to that fee program effective January 1, 2017. The rule change will take immediate effect on filing with the SEC.

NASDAQ's all-inclusive annual listing fee, which took effect on January 1, 2015, is intended to cover all ordinary costs for the year, and it eliminates separate fees:

While the all-inclusive fee will become mandatory for all listed companies in 2018, listed companies were able to opt in to the all-inclusive fee program effective January 1, 2015 and were given incentives to do so (see Legal Update, NASDAQ Adopts All-Inclusive Annual Listing Fee). In the second half of 2015, NASDAQ offered listed companies that did not choose to participate in the all-inclusive annual fee program for 2015 the opportunity to do so effective January 1, 2016 and were given similar incentives (see Legal Update, NASDAQ Rule Change Allows Listed Companies to Opt in to NASDAQ's All-Inclusive Annual Listing Fee).

Under the new rule change, listed companies that did not previously opt in to the all-inclusive annual fee program may do so until December 31, 2016. Any company that opts in to the program for 2017 will not be billed for the next $30,000 in fees for the listing of additional shares otherwise payable to NASDAQ, regardless of when the shares were issued. However, fees for share issuances that were already billed at the time the opt-in form is submitted will not be forgiven.

Update: The proposed rule change was filed with the SEC, and took immediate effect, on June 24, 2016.

To learn more about NASDAQ's all-inclusive annual listing fee, see NASDAQ All-Inclusive Annual Listing Fee: Chart.

For more information on securities exchanges and how to select the proper exchange, see Practice Note, Selecting a US Securities Exchange.