[Federal Register Volume 70, Number 22 (Thursday, February 3, 2005)]
[Notices]
[Pages 5708-5709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-417]


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SECURITIES AND EXCHANGE COMMISSION


Issuer Delisting; Notice of Application of Boston Restaurant 
Associates, Inc. To Withdraw Its Common Stock, $.01 par value, From 
Listing and Registration on the Boston Stock Exchange, Inc.; File No. 
1-13320

January 28, 2005.
    On January 11, 2005, Boston Restaurant Associates, 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, $.01 par value 
(``Security''), from listing and registration on the Boston Stock 
Exchange, Inc. (``BSE'').
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    \1\ 15 U.S.C. 78l(d).
    \2\ 17 CFR 240.12d2-2(d).
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    On December 23, 2004, the Board of Directors (``Board'') of the 
Issuer approved a resolution to withdraw the Issuer's Security from 
listing and registration on the BSE. The Issuer stated: (1) That on 
December 20, 2004, the BSE notified the Issuer that the BSE would 
suspend trading of the Security at the close of business that same day. 
The suspension was the result of a failure of the Issuer to maintain a 
minimum of $500,000 of stockholder's equity as required by the BSE. (2) 
After careful consideration the Issuer decided to request a voluntary 
delisting of the Security from the BSE. The Issuer stated that the 
Security currently trades on the OTC Bulletin Board.
    The Issuer stated in its application that it has complied with BSE

[[Page 5709]]

procedures for delisting by complying with all applicable laws in 
effect in the State of Delaware, the state in which it is incorporated, 
and by filing the required documents governing the withdrawal of 
securities from listing and registration on the BSE.
    The Issuer's application relates solely to withdrawal of the 
Security from listing on the BSE and from registration under Section 
12(b) of the Act,\3\ and 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. 781(b).
    \4\ 15 U.S.C. 781(g).
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    Any interested person may, on or before February 22, 2005, comment 
on the facts bearing upon whether the application has been made in 
accordance with the rules of the BSE, 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 1-13320 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 1-13320. 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. 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.\5\
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    \5\ 17 CFR 200.30-3(a)(1).
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Jonathan G. Katz,
Secretary.
 [FR Doc. E5-417 Filed 2-2-05; 8:45 am]
BILLING CODE 8010-01-P