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Hamilton & Associates Law Group, P.A.
Securities Law, Exchange Listing and Going Public

Nasdaq and NYSE Governance Counsel | Continued Listing Attorneys

What we help issuers accomplish on Nasdaq & NYSE Compliance

We advise issuers on Nasdaq and NYSE corporate governance and continued listing requirements, including board composition, audit committee standards, shareholder approval rules, and ongoing compliance planning. We also support uplisting preparation and governance readiness for foreign and domestic issuers accessing U.S. public markets.

Issuers come to us to reduce risk and avoid surprises in the transition to (or life as) a U.S. public company. Our work typically focuses on:

  • Governance readiness: board independence, committee structure, charters, policies

  • Continued listing compliance: monitoring obligations and responding to deficiency triggers

  • Shareholder approvals: planning equity issuances and corporate actions to avoid listing issues

  • Disclosure alignment: ensuring governance and compliance practices match public disclosures

  • Uplisting preparation: gap analyses for OTC issuers targeting Nasdaq or NYSE

  • Typical engagement: a structured gap analysis plus an implementable compliance plan that management can run year-round.

Continued listing compliance for issuers

Continued listing requirements are not just “check the box” items—they require ongoing monitoring and timely documentation. We help issuers build a compliance cadence that can be maintained through management changes, growth, acquisitions, and financing events.

Common continued listing workstreams include:

  • Compliance calendar + monitoring: board/committee cycles, approvals, periodic filings, policy refresh

  • Governance maintenance: independence determinations, committee memberships, charters, annual reviews

  • Deficiency prevention: proactive review of factors that can lead to notices or delisting risk

  • Remediation support: if a notice arises, planning and documenting corrective actions

  • Coordination: working alongside auditors, finance, and IR teams to align governance and disclosures

Deliverable (example): a Continued Listing & Governance Playbook customized to your cap table, governance structure, and transaction plans.

Board composition, independence, and committee structure

Exchange governance frameworks frequently expect issuers to maintain:

  • Board independence standards and documentation

  • Committee structures aligned to listing rules and best practices

  • Clear charters, delegated authority, and meeting cadence

We assist with:

  • board composition planning (including independence considerations)

  • committee structure and role definitions

  • committee charters and governance documentation

  • board/committee resolutions and formal approvals

For foreign issuers: we evaluate governance expectations and document structures that fit your organization while meeting U.S. market norms.

Audit committee rules and financial reporting governance

Audit committee requirements are often the area where readiness gaps surface—especially when issuers are scaling quickly or transitioning auditors.

We advise issuers on:

  • audit committee composition and responsibilities

  • financial reporting oversight protocols

  • coordination issues among management, audit committee, and auditors

  • documentation practices that support disclosure and compliance

Practical focus: helping the audit committee operate with consistent process, minutes discipline, and escalation paths—so issues are surfaced early.

Shareholder approval rules and equity issuance planning

Equity issuances, corporate actions, and financing structures can trigger shareholder approval or other governance requirements that affect listing compliance and transaction timing.

We support planning and execution for:

  • equity compensation plans and amendments

  • private placements / registered offerings (governance and approvals workstreams)

  • transactions involving related parties or control considerations

  • corporate actions such as reverse splits, recapitalizations, and reorganizations

  • uplisting-related actions that require clean approvals and documentation

Outcome: deal timelines with fewer “last-minute” governance blockers.

Policies and governance documents we help implement

A strong governance foundation includes clear, workable policies that match how the company actually operates. We commonly help issuers adopt or refine:

  • Insider trading policy + preclearance procedures

  • Code of ethics/conduct

  • Reg FD and communications policy

  • Whistleblower policy and escalation procedures

  • Committee charters (audit/comp/nominating-governance)

  • Disclosure controls and procedures framework (governance side)

  • Corporate governance guidelines

  • Board and committee annual self-assessment structure (if desired)

Uplisting preparation and governance gap analysis (OTC → Nasdaq/NYSE)

If you are currently on OTC Markets (OTCID/OTCQB/OTCQX) and pursuing a future uplisting, governance and continued listing readiness should be addressed early—often before major financing or cap table events.

Our uplisting readiness work typically includes:

  • governance gap analysis (board/committee/policies/documentation)

  • timeline and “critical path” planning

  • cap table and approvals strategy for planned issuances

  • disclosures alignment (risk factors, related-party, governance narrative)

Related pages:

Foreign issuers and cross-border considerations

Foreign issuers often need U.S.-market governance systems that integrate with home-country practice and stakeholder expectations. We help foreign issuers:

  • Identify U.S. governance expectations that affect listing readiness

  • Document board/committee practices and authority clearly

  • Coordinate cross-border advisors and timelines

  • Align governance practices with public disclosures and investor communications

We aim to keep governance practical, built around what your management and board can run consistently.

Contact Us

If your company is considering a public market strategy, contact Brenda Hamilton to discuss your going public plans.

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