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Re: rocky301 post# 247155

Monday, 10/26/2009 5:40:30 PM

Monday, October 26, 2009 5:40:30 PM

Post# of 346920
Thanks, rocky.
But wouldn't 1310.3 apply? And as a result, given the fact that existing securities are being registered, wouldn't the filing date of the 8-A be the effective registration date?

"1310.3 A company already reporting pursuant to Sections 13 or 15(d) may register a class of securities under Section 12 of the Exchange Act by filing a Form 8-A. In addition, the staff generally will not object if a non-reporting company conducting its IPO files a Form 8-A before the effective date of the Securities Act registration statement relating to the IPO. Other U.S. companies must register on Form 10 (foreign companies register on Form 20-F). A Form 8-A filed concurrently with a Securities Act registration statement becomes effective automatically on the latest of the filing of the Form 8-A, the effective date of the registration statement, or, if the securities will be listed on a U.S. Exchange, receipt by the SEC of certification from the Exchange.

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