Tech Data in last chance saloon over NASDAQ listing

Distributor will be delisted if attempt to secure hearing with NASDAQ panel fails

Tech Data could be booted off the NASDAQ after failing to file its numbers on time as it works to iron out accounting "improprieties" unearthed in its UK business earlier this year.

The world's second-largest distributor announced yesterday that it has received a letter from NASDAQ notifying it that it remains non-compliant with rules requiring it to file periodical reports with the SEC in a timely manner.

The firm, which has annual revenues of more than $26bn (£16bn), will be delisted unless it requests a hearing before the NASDAQ Listing Qualifications Panel, which it said it intends to do.

Tech Data's failure to timely file its annual report for its fiscal year ending 31 January 2013, and two subsequent quarterly reports, stem from its discovery of accounting improprieties in its UK business in March, which related to how its UK business reflects vendor accounting.

The distributor said the imbroglio would force it to restate some or all of its numbers for the fiscal years 2011, 2012 and 2013 and could slash previously reported net profit by up to $33m. It immediately launched an investigation into the matter, which CRN understands led several UK staff to be suspended earlier in the summer. The fallout has also had an impact on rank-and-file UK staff.

Securing an audience with the NASDAQ panel will automatically give it a stay of execution of 15 calendar days from the date of the request.

The panel has the discretion to grant the distributor an extension to become compliant until 27 March 2014 – a year after the original due date for its first late filing.

"There can be no assurance that the panel will grant the company's request for a stay of delisting pending the hearing or its request to extend the time within which to regain compliance with the Rule and for continued listing," Tech Data stated.