Busybox.com, Inc.; Order of Suspension of Trading, 37138 [05-12835]
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37138
Federal Register / Vol. 70, No. 123 / Tuesday, June 28, 2005 / Notices
[FR Doc. 05–12663 Filed 6–27–05; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[File No. 500–1]
Busybox.com, Inc.; Order of
Suspension of Trading
It appears to the Securities and
Exchange Commission that there is a
lack of current and accurate information
concerning the securities of
Busybox.com, Inc. because the company
has failed to file periodic reports with
the Commission since the period ending
September 30, 2000 as required by
Section 13(a) of the Securities Exchange
Act of 1934 (‘‘Exchange Act’’) and Rules
13a–1 and 13a–13 thereunder.
The Commission is of the opinion that
the public interest and the protection of
investors require a suspension of trading
in the securities of Busybox.com, Inc.
Therefore, it is ordered, pursuant to
Section 12(k) of the Exchange Act, that
trading in the securities of
Busybox.com, Inc. is suspended for the
period from 9:30 a.m. EDT on June 24,
2005, through 11:59 p.m. EDT on July 8,
2005.
By the Commission.
Jonathan G. Katz,
Secretary.
[FR Doc. 05–12835 Filed 6–24–05; 12:03 pm]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–51898; File No. SR–Amex–
2005–28]
Self-Regulatory Organizations;
American Stock Exchange LLC; Order
Granting Approval to Proposed Rule
Change and Amendment Nos. 1, 2, and
3 Thereto To Amend Sections 1101,
134, and 1003 of the Amex Company
Guide To Make Clarifying and
Simplifying Changes Relating To Filing
and Notice Requirements With the
Exchange Applicable to Amex Listed
Issuers
June 21, 2005.
I. Introduction
On February 28, 2005, the American
Stock Exchange LLC (‘‘Amex’’ or
‘‘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
1 15
U.S.C. 78s(b)(1).
VerDate jul<14>2003
16:46 Jun 27, 2005
Jkt 205001
thereunder,2 a proposed rule change to
amend Section 1101 of the Amex
Company Guide relating to filing and
notice requirements to the Exchange
applicable to Amex listed issuers, as
well as corresponding changes to
Sections 134 and 1003 of the Company
Guide. On March 18, 2005, the Amex
filed Amendment No. 1 to the proposed
rule change.3 On April 20, 2005, the
Amex filed Amendment No. 2 to the
proposed rule change.4 On May 6, 2005,
the Amex filed Amendment No. 3 to the
proposed rule change.5 The proposed
rule change, as amended, was published
for comment in the Federal Register on
May 17, 2005.6 The Commission
received no comments on the proposal,
as amended. This order approves the
proposed rule change, as amended.
II. Description of the Proposal
The Amex proposes to amend Section
1101 of the Company Guide to eliminate
the summary guide that details when
certain notices, reports, and filings
required by the Commission must be
submitted by listed issuers to the Amex.
Instead of the detailed summary guide,
the Amex proposes to post a comparable
guide itemizing these requirements on
its Web site (https://www.amex.com) as a
service to Amex listed issuers and
proposes to update it as necessary. The
Amex also proposes to revise certain
filing requirements with respect to the
number of copies of reports or
documents that Amex listed issuers are
required to file with the Exchange.
Under the changes, an issuer who
submits reports through the
Commission’s Electronic Data Gathering
Analysis and Retrieval (‘‘EDGAR’’)
system, whether required or permitted,
would not have to file hard copies
separately with the Exchange.7 In
addition, the Amex proposes to revise
operative language in Section 1003
(Application of Policies) of the
Company Guide to provide that listed
issuers are required to comply with all
CFR 240.19b–4.
Form 19b–4, dated March 18, 2005, which
replaced and superseded the original filing in its
entirety (‘‘Amendment No. 1’’).
4 See Form 19b–4, dated April 20, 2005, which
replaced and superseded Amendment No. 1 in its
entirety (‘‘Amendment No. 2’’).
5 See Form 19b–4, dated May 6, 2005, which
replaced and superseded Amendment No. 2 in its
entirety (‘‘Amendment No. 3’’).
6 See Securities Exchange Act Release No. 51681
(May 11, 2005), 70 FR 28925 (May 17, 2005) (SR–
Amex–2005–28).
7 For example, under these changes, the
electronic submission of annual reports, proposed
amendments to and certified copies of the
Certificate of Incorporation, By-laws, or other
similar organization documents through the EDGAR
system satisfies the filing requirement to the
Exchange.
PO 00000
2 17
3 See
Frm 00064
Fmt 4703
Sfmt 4703
applicable Commission requirements, as
well as all Amex requirements, with
respect to timely notice and
submissions. The Amex is also
proposing conforming changes to
Section 134 (Filing Requirements) of the
Company Guide.
III. Discussion
The Commission finds that the
proposed rule change, as amended, is
consistent with the requirements of the
Act and the rules and regulations
thereunder applicable to a national
securities exchange 8 and, in particular,
the requirements of Section 6 of the
Act 9 and the rules and regulations
thereunder. Specifically, the
Commission finds the proposal, as
described above, to be consistent with
Section 6(b)(5) of the Act,10 in that they
are designed to foster cooperation and
coordination with persons engaged in
regulating, clearing, settling, processing
information with respect to, and
facilitating transactions in securities,
and, in general, to protect investors and
the public interest, and are not designed
to permit unfair discrimination between
issuers.
The Commission notes that the
changes should help to make filing
material with the Exchange more
efficient and avoid providing
documents to the Exchange that are
already publicly available on EDGAR.
The changes being approved also clarify
that listed companies must meet all SEC
requirements, as well as Exchange
requirements, and can be removed from
listing for failure to comply with such
requirements.
With regard to Amex’s proposal to
replace the summary guide with a
comparable guide on its Web site, the
Commission notes that any changes to
Amex rules must continue to be filed
with the Commission prior to
implementing any change.11 The Amex
has stated, and the Commission expects,
that, subsequent to such approval, the
Web site would be updated to reflect
those changes.
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,12 that the
proposed rule change (SR–Amex–2005–
28), as amended, be, and it hereby is,
approved.
8 In approving this proposed rule change, as
amended, the Commission has considered the
proposed rule’s impact on efficiency, competition,
and capital formation. 15 U.S.C. 78c(f).
9 15 U.S.C. 78f.
10 15 U.S.C. 78f(b)(5).
11 The Commission notes that such changes to
Amex rules would have to be submitted in
accordance with Section 19(b) of the Act.
12 15 U.S.C. 78s(b)(2).
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]]>Agencies
[Federal Register Volume 70, Number 123 (Tuesday, June 28, 2005)]
[Notices]
[Page 37138]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12835]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[File No. 500-1]
Busybox.com, Inc.; Order of Suspension of Trading
It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Busybox.com, Inc. because the company has failed to file periodic
reports with the Commission since the period ending September 30, 2000
as required by Section 13(a) of the Securities Exchange Act of 1934
(``Exchange Act'') and Rules 13a-1 and 13a-13 thereunder.
The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of Busybox.com, Inc.
Therefore, it is ordered, pursuant to Section 12(k) of the Exchange
Act, that trading in the securities of Busybox.com, Inc. is suspended
for the period from 9:30 a.m. EDT on June 24, 2005, through 11:59 p.m.
EDT on July 8, 2005.
By the Commission.
Jonathan G. Katz,
Secretary.
[FR Doc. 05-12835 Filed 6-24-05; 12:03 pm]
BILLING CODE 8010-01-P
