[Federal Register Volume 69, Number 102 (Wednesday, May 26, 2004)]
[Notices]
[Page 29986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11840]


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SECURITIES AND EXCHANGE COMMISSION


Issuer Delisting; Notice of Application of Bentley 
Pharmaceuticals, Inc. To Withdraw Its Common Stock, $.02 Par Value, 
From Listing and Registration on the American Stock Exchange LLC File 
No. 1-10581

May 19, 2004.
    On May 11, 2004, Bentley Pharmaceuticals Inc., a Delaware 
corporation (``Issuer''), 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, $.02 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 (``Board'') of the Issuer unanimously 
approved a resolution on March 26, 2004 to withdraw the Issuer's 
Security from listing on the Amex, and to list the Security on the New 
York Stock Exchange, Inc. (``NYSE''). The Board states that it is 
taking such action to avoid the direct and indirect costs, and the 
division of the market, resulting from dual listing on the Amex and 
NYSE. In addition, the Board determined that it is in the best interest 
of the Issuer to list the Security on the NYSE.
    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 
Security from listing on the Amex, and shall not affect its continued 
listing on the NYSE or its obligation to be registered under section 
12(b) of the Act.\3\
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    \3\ 15 U.S.C. 781(b).
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    Any interested person may, on or before June 11, 2004, comment on 
the 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 may be submitted by either of the following methods:
    Electronic comments:
     Send an e-mail to [email protected]. Please include 
the File Number 1-10581 or;
    Paper comments:
     Send paper comments in triplicate to Jonathan G. Katz, 
Secretary, Securities and Exchange Commission, 450 Fifth Street, NW., 
Washington, DC 20549-0609.
    All submissions should refer to File Number 1-10581. This file 
number should be included on the subject line if e-mail is used. To 
help us process and review your comments more efficiently, please use 
only one method. The Commission will post all comments on the 
Commission's Internet Web site (http://www.sec.gov/rules/delist.shtml). 
Comments are also available for public inspection and copying in the 
Commission's Public Reference Room, 450 Fifth Street, NW., Washington, 
DC 20549. All comments received will be posted without change; we do 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly.
    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.\4\
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    \4\ 17 CFR 200.30-3(a)(1).
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Jonathan G. Katz,
Secretary.
[FR Doc. 04-11840 Filed 5-25-04; 8:45 am]
BILLING CODE 8010-01-P