Exchange and national market system exemption.
(1) Any securities listed or designated, or approved for listing or designation upon notice of issuance, on (a) the New York Stock Exchange LLC, (b) the NYSE MKT LLC ("NYSE MKT"), (c) the National Market System of the NASDAQ Stock Market ("NASDAQ/NGM"), (d) Tier I of the NYSE Arca, Inc., (e) Tier I of the NASDAQ OMX PHLX LLC, (f) the Chicago Board Options Exchange, Incorporated, (g) options listed on the International Securities Exchange, LLC, (h) the NASDAQ Capital Market, (i) Tier I and Tier II of BATS Exchange, Inc., any other security of the same issuer which is of senior or substantially equal rank, any security called for by subscription rights or warrants so listed or approved, or any warrant or right to purchase or subscribe to any of the foregoing is exempt under RCW 21.20.310
(2)(a) For the purposes of nonissuer transactions only, any security meeting the following requirements is exempted under RCW 21.20.310
(i) The issuer of the security is a reporting issuer in a foreign country or jurisdiction designated in (b) of this subsection, or by rule or order of the director, and has been subject to continuous reporting requirements in such foreign country for not less than one hundred eighty days before the transaction; and
(ii) The security is listed on such foreign country's securities exchange which has been designated in (b) of this subsection, or by rule or order of the director, or is a security of the same issuer which is of senior or substantially equal rank to such listed security or is a warrant or right to purchase or subscribe to any of the foregoing.
(b) For purposes of (a) of this subsection, Canada together with its provinces and territories is a designated foreign jurisdiction and the Toronto Stock Exchange is a designated securities exchange.
(3) The director may by order withdraw the exemptions provided by subsection (1) or (2) of this section as to an exchange or interdealer quotation system or a particular security when necessary in the public interest for the protection of investors.
[Statutory Authority: RCW 21.20.450
, 21.20.310(8). WSR 15-08-011, § 460-42A-081, filed 3/24/15, effective 4/24/15; WSR 04-07-035, § 460-42A-081, filed 3/9/04, effective 4/9/04. Statutory Authority: RCW 21.20.450
. WSR 96-11-016, § 460-42A-081, filed 5/6/96, effective 6/6/96. Statutory Authority: RCW 21.20.310
(8) and 21.20.450. WSR 91-04-010, § 460-42A-081, filed 1/25/91, effective 2/25/91; WSR 89-21-032 (Order SDO-161-89), § 460-42A-081, filed 10/11/89, effective 11/11/89; WSR 82-18-037 (Order SDO-100-82), § 460-42A-081, filed 8/27/82.]