# SECURITIES AND EXCHANGE COMMISSION

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URL: https://www.frixlaw.com/law-library/documents/agency%3Asec%3A990af86debd877be

## Record

- **Collection:** Agency decision
- **Document type:** Agency decision

## Text

SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-106309; File No. SR-NASDAQ-2026-016]
Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Designation of a
Longer Period for Commission Action on Proceedings to Determine Whether to Approve
or Disapprove a Proposed Rule Change to List and Trade Shares of the VanEck JitoSOL
ETF Under Nasdaq Rule 5711(d) (Commodity-Based Trust Shares)
September 9, 2026.
On March 10, 2026, the Nasdaq Stock Market LLC (“Exchange”) filed with the Securities
and Exchange Commission (“Commission”), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder,2 a proposed rule change to list and
trade shares of the VanEck JitoSOL ETF under Nasdaq Rule 5711(d) (Commodity-Based Trust
Shares). The proposed rule change was published for comment in the Federal Register on March
20, 2026.3
On May 1, 2026, pursuant to Section 19(b)(2) of the Act,4 the Commission designated a
longer period within which to approve the proposed rule change, disapprove the proposed rule
change, or institute proceedings to determine whether to disapprove the proposed rule change. 5

1

15 U.S.C. 78s(b)(1).

2

17 CFR 240.19b-4.

3

See Securities Exchange Act Release No. 105030 (Mar. 17, 2026), 91 FR 13661. The Commission has
received no comment letters on the proposed rule change.

4

15 U.S.C. 78s(b)(2).

5

See Securities Exchange Act Release No. 105339, 91 FR 24625 (May 6, 2026). The Commission
designated June 18, 2026, as the date by which the Commission shall approve or disapprove, or institute
proceedings to determine whether to disapprove, the proposed rule change.

On June 17, 2026, the Commission initiated proceedings under Section 19(b)(2)(B) of the Act 6 to
determine whether to approve or disapprove the proposed rule change. 7
Section 19(b)(2) of the Act8 provides that, after initiating proceedings, the Commission
shall issue an order approving or disapproving the proposed rule change not later than 180 days
after the date of publication of notice of filing of the proposed rule change. The Commission
may extend the period for issuing an order approving or disapproving the proposed rule change,
however, by not more than 60 days if the Commission determines that a longer period is
appropriate and publishes the reasons for such determination. The proposed rule change was
published for comment in the Federal Register on March 20, 2026.9 The 180th day after
publication of the proposed rule change is September 16, 2026. The Commission is extending the
time period for approving or disapproving the proposed rule change for an additional 60 days.
The Commission finds that it is appropriate to designate a longer period within which to
issue an order approving or disapproving the proposed rule change so that it has sufficient time
to consider the proposed rule change and the issues raised therein. Accordingly, the Commission,
pursuant to Section 19(b)(2) of the Act, 10 designates November 15, 2026, as the date by which

6

15 U.S.C. 78s(b)(2)(B).

7

See Securities Exchange Act Release No. 105723, 91 FR 37487 (June 23, 2026).

8

15 U.S.C. 78s(b)(2).

9

See supra note 3 and accompanying text.

10

15 U.S.C. 78s(b)(2).

the Commission shall either approve or disapprove the proposed rule change (File No. SRNASDAQ-2026-016).
For the Commission, by the Division of Trading and Markets, pursuant to delegated
authority.11

Sherry R. Haywood,
Assistant Secretary.

11

17 CFR 200.30-3(a)(57).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/agency%3Asec%3A990af86debd877be. Public record. Not legal advice.