In the Matter of Commanche Properties, Inc.; Order of Suspension of Trading, 5497 [05-2055]
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Federal Register / Vol. 70, No. 21 / Wednesday, February 2, 2005 / Notices
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File Number 1–09274 or;
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The Commission, based on the
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Commission determines to order a
hearing on the matter.
no public filings with the Commission,
is quoted on the Pink Sheets under the
ticker symbol CMCH, and has recently
been the subject of spam e-mail touting
the company’s shares.
The Commission is of the opinion that
the public interest and the protection of
investors require a suspension of trading
in the securities of the above listed
company.
Therefore, it is ordered, pursuant to
Section 12(k) of the Securities Exchange
Act of 1934, that trading in the above
listed company is suspended for the
period from 9:30 a.m. e.s.t. January 31,
2005 through 11:59 p.m. e.s.t., on
February 11, 2005.
I. Self-Regulatory Organization’s
Statement of the Terms of the Substance
of the Proposed Rule Change
NASD Dispute Resolution proposes to
amend Rule 10308 of the NASD Code of
Arbitration Procedure (‘‘Code’’) to
change the method used by the Neutral
List Selection System (‘‘NLSS’’) 4 to
select arbitrators from a rotational to a
random selection function by
incorporating the random selection
provision of the proposed Customer and
Industry Code revisions.5 Below is the
text of the proposed rule change.
Proposed new language is in italics;
proposed deletions are in [brackets].
*
*
*
*
*
By the Commission.
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 05–2055 Filed 1–31–05; 11:48 am]
10308. Selection of Arbitrators
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–51083; File No. SR–NASD–
2004–164]
For the Commission, by the Division of
Market Regulation, pursuant to delegated
authority.5
Jonathan G. Katz,
Secretary.
[FR Doc. 05–1911 Filed 2–1–05; 8:45 am]
Self-Regulatory Organizations; Notice
of Filing and Order Granting
Accelerated Approval of Proposed
Rule Change and Amendment No. 1
Thereto by National Association of
Securities Dealers, Inc. Relating to the
Random Selection of Arbitrators by the
Neutral List Selection System
BILLING CODE 8010–01–P
January 26, 2005.
SECURITIES AND EXCHANGE
COMMISSION
[File No. 500–1]
In the Matter of Commanche
Properties, Inc.; Order of Suspension
of Trading
January 31, 2005.
It appears to the Securities and
Exchange Commission that the public
interest and the protection of investors
require a suspension of trading in the
securities of Commanche Properties,
Inc. (‘‘Commanche’’). The Commission
is concerned that Commanche may have
unjustifiably relied on Rule 504 of
Regulation D of the Securities Act of
1933 in conducting an unlawful
distribution of its securities which
failed to comply with the resale
restrictions of Regulation D.
Commanche, a company that has made
5 17
CFR 200.30–3(a)(1).
VerDate jul<14>2003
14:19 Feb 01, 2005
Jkt 205001
5497
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2
notice is hereby given that on October
28, 2004, the National Association of
Securities Dealers, Inc. (‘‘NASD’’),
through its subsidiary, NASD Dispute
Resolution, Inc. (‘‘NASD Dispute
Resolution’’), filed with the Securities
and Exchange Commission (‘‘SEC’’ or
‘‘Commission’’), the proposed rule
change as described in Items I and II,
below, which Items have been prepared
by NASD. On January 5, 2005, NASD
filed Amendment No. 1 to the proposed
rule change.3 The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons and is
approving the proposal on an
accelerated basis.
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 See Letter from Mignon McLemore, NASD, to
Catherine McGuire, SEC (January 5, 2005).
PO 00000
1 15
2 17
Frm 00086
Fmt 4703
Sfmt 4703
This Rule specifies how parties may
select or reject arbitrators, and who can
be a public arbitrator.
(a) Unchanged.
(b) Composition of Arbitration Panel;
Preparation of Lists for Mailing to
Parties
(1)–(3) Unchanged.
(4) Preparation of Lists.
(A) Except as provided in
subparagraph (B) below, the Neutral List
Selection System shall generate the lists
of public and non-public arbitrators on
a [rotating] random basis within a
designated geographic hearing site and
shall exclude arbitrators based upon
conflicts of interest identified within the
Neutral List Selection System database.
(B) Unchanged.
(5)–(6) Unchanged.
(c)–(f) Unchanged.
*
*
*
*
*
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission,
NASD included statements concerning
the purpose of and basis for the
proposed rule change and discussed any
4 NLSS is the computer program NASD uses to
select arbitrators on a rotational basis. It has been
in use since November 1998.
5 NASD Dispute Resolution has filed with the
SEC a proposed rule change to the Code to
reorganize the current rules, simplify the language,
codify current practices, and implement several
substantive changes. The rule filing was submitted
in three parts: Customer Code, Industry Code, and
Mediation Code. The Customer Code was filed on
October 15, 2003, and amended on January 3, 2005
and January 19, 2005 (SR–NASD–2003–158); the
Industry Code was filed on January 16, 2004, and
amended on February 26, 2004 and January 3, 2005
(SR–NASD–2004–011). The Mediation Code was
filed on January 23, 2004, and amended on January
3, 2005 (SR–NASD–2004–013). It does not contain
any provisions concerning the NLSS. The three new
codes will replace the current Code in its entirety.
The Code revision is undergoing SEC staff review
and has not yet been published for comment.
E:\FR\FM\02FEN1.SGM
02FEN1
]]>Agencies
[Federal Register Volume 70, Number 21 (Wednesday, February 2, 2005)]
[Notices]
[Page 5497]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-2055]
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SECURITIES AND EXCHANGE COMMISSION
[File No. 500-1]
In the Matter of Commanche Properties, Inc.; Order of Suspension
of Trading
January 31, 2005.
It appears to the Securities and Exchange Commission that the
public interest and the protection of investors require a suspension of
trading in the securities of Commanche Properties, Inc.
(``Commanche''). The Commission is concerned that Commanche may have
unjustifiably relied on Rule 504 of Regulation D of the Securities Act
of 1933 in conducting an unlawful distribution of its securities which
failed to comply with the resale restrictions of Regulation D.
Commanche, a company that has made no public filings with the
Commission, is quoted on the Pink Sheets under the ticker symbol CMCH,
and has recently been the subject of spam e-mail touting the company's
shares.
The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above listed company.
Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the above listed
company is suspended for the period from 9:30 a.m. e.s.t. January 31,
2005 through 11:59 p.m. e.s.t., on February 11, 2005.
By the Commission.
Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 05-2055 Filed 1-31-05; 11:48 am]
BILLING CODE 8010-01-P
