[Federal Register Volume 69, Number 19 (Thursday, January 29, 2004)]
[Notices]
[Page 4331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1889]



[[Page 4331]]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 1-10645]


Issuer Delisting; Notice of Application of Michael Anthony 
Jewelers, Inc. To Withdraw Its Common Stock, $.001 Par Value, From 
Listing and Registration on the American Stock Exchange LLC

January 23, 2004.
    Michael Anthony Jewelers, Inc., a Delaware corporation 
(``Issuer''), has filed an application with the Securities and Exchange 
Commission (``Commission''), pursuant to Section 12(d) of the 
Securities Exchange Act of 1934 (``Act'') \1\ and Rule 12d2-2(d) 
thereunder,\2\ to withdraw its Common Stock, $.001 par value 
(``Security''), from listing and registration on the American Stock 
Exchange LLC (``Amex'' or ``Exchange'').
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    \1\ 15 U.S.C. 78l(d).
    \2\ 17 CFR 240.12d2-2(d).
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    The Board of Directors of the Issuer unanimously approved a 
resolution on January 12, 2004 to withdraw the Issuer's Security from 
listing on the Amex. The Issuer states that the following primary 
reasons factored into its decision to withdraw the Security: (i) The 
dramatically increasing costs, both direct and indirect, associated 
with the preparation and filing of the Issuer's periodic reports with 
the Commission; (ii) the expected substantial increase in costs 
associated with being a public company in light of the new regulations 
promulgated as a result of the Sarbanes-Oxley Act of 2002; (iii) the 
Issuer has fewer than 300 registered stockholders and is, therefore, 
eligible to suspend its reporting obligations with the Commission; (iv) 
the lack of analyst coverage and minimal liquidity in trading of the 
Security; and (v) the benefits to the Issuer and its stockholders in 
maintaining its listing and registration are outweighed by the costs of 
maintaining such listing and registration.
    The Issuer stated in its application that it has met the 
requirements of Amex Rule l8 by complying with all applicable laws in 
the State of Delaware, in which it is incorporated, and with the Amex's 
rules governing an issuer's voluntary withdrawal of a security from 
listing and registration.
    The Issuer's application relates solely to the withdrawal of the 
Securities from listing on the Amex and from registration under section 
12(b) of the Act \3\ shall not affect its obligation to be registered 
under section 12(g) of the Act.\4\
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    \3\ 15 U.S.C. 78l(b).
    \4\ 15 U.S.C. 78l(g).
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    Any interested person may, on or before February 17, 2004, submit 
by letter to the Secretary of the Securities and Exchange Commission, 
450 Fifth Street, NW., Washington, DC 20549-0609, facts bearing upon 
whether the application has been made in accordance with the rules of 
the Amex and what terms, if any, should be imposed by the Commission 
for the protection of investors. All comment letters should refer to 
File No. 1-10645. The Commission, based on the information submitted to 
it, will issue an order granting the application after the date 
mentioned above, unless the Commission determines to order a hearing on 
the matter.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority. \5\
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    \5\ 17 CFR 200.30-3(a)(1).
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Jonathan G. Katz,
Secretary.
[FR Doc. 04-1889 Filed 1-28-04; 8:45 am]
BILLING CODE 8010-01-P