| Notice to Members |
| Notice No. 34 01/27/2004 |
| Compliance with Federal (SEC) Proxy Rules |
|---|
As of April 30, 2001, NYMEX Holdings, Inc. (“Company”) became subject
to the Securities and Exchange Commission’s Proxy Rules (Regulation 14A).
Candidates seeking election to the Board of Directors, and any other individual
who solicits proxies/votes from the Company’s stockholders, must comply
with the following provisions of Regulation 14A:
to the Membership Department. If a candidate uses a stockholder list before the record date, they have a responsibility to obtain an updated stockholder list from the Membership Department as of the record date to make certain all voting stockholders are solicited.
Additionally, if you solicit votes from the stockholders BEFORE the Proxy Statement is filed with the SEC (on or about March 5, 2004) you must include the following on the front page of your solicitation materials:
I, __________ am the beneficial owner of ____ shares of common stock of
NYMEX
A proxy statement containing important information about the election of directors of NYMEX Holdings, Inc. and other matters will be filed with the Securities and Exchange Commission and mailed to the stockholders of NYMEX Holdings prior to NYMEX Holdings' Annual Meeting of Stockholders scheduled for March 16, 2004. You are encouraged to read the proxy statement when it becomes available. When it is filed with the SEC, the proxy statement, as well as all of NYMEX Holdings' SEC filings, can be obtained free of charge from the SEC's website at www.sec.gov. Copies may also be obtained free of charge from the Office of Corporate Governance of NYMEX Holdings.
Each candidate for election to the Board of Directors is required to comply with the SEC’s Proxy Rules. The Company will file your solicitation materials only on the two dates noted above. If you fail to submit your materials on the designated dates, you will be responsible for complying with the SEC’s Proxy Rules on your own.
Please note that the concept of “solicitation materials” is construed
broadly by the SEC. It includes any materials (including advertising) distributed
to stockholders with the purpose of requesting their vote. It can also include
the text of speeches. If you have any questions about whether or not something
qualifies as solicitation materials, or if you have any other questions regarding
compliance with Regulation 14A, please contact Robin Zablow, Corporate Governance
Department at 299-2212 or rzablow@NYMEX.com. |
| Should you have any questions or require any further information, please contact exchangeinfo@nymex.com |