[Federal Register Volume 70, Number 49 (Tuesday, March 15, 2005)]
[Notices]
[Pages 12758-12759]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-1115]


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SECURITIES AND EXCHANGE COMMISSION

[File No. 1-11568]


Issuer Delisting; Notice of Application of DynTek, Inc. To 
Withdraw Its Common Stock, $.0001 par value, and Series A Convertible 
Preferred Stock and Warrants, From Listing and Registration on the 
Boston Stock Exchange, Inc.

March 9, 2005.
    On February 23, 2005, DynTek, 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, $.0001 par value, and 
series A convertible preferred stock and warrants (collectively 
``Securities''), 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 February 3, 2005, the Board of Directors (``Board'') of the 
Issuer approved resolutions to withdraw the Securities from listing and 
registration on BSE. The Board stated that the following reasons 
factored into its decision. In connection with the Issuer's voluntary 
withdrawal of Securities from inclusion for trading on Nasdaq SmallCap 
Market (``Nasdaq'') on December 15, 2004, the Board determined that 
such withdrawal was in the best interests of the Issuer and its 
stockholders, and the Issuer's current principal market maker has acted 
to continue to make a market in the Securities on the OTC Bulletin 
Board. The Issuer believes that its stockholders would be better served 
by channeling its resources into efforts that will accelerate the 
profitable growth of the Issuer, and that the ongoing costs, 
distractions, and uncertainties of the process to maintain a Nasdaq 
listing for the Issuer at that time was warranted. After the Issuer's 
voluntary withdrawal from listing on Nasdaq, the Issuer received a 
letter dated December 20, 2004 from BSE requesting additional 
information regarding the Issuer's decision to voluntary withdraw from 
Nasdaq, as well as other information pertaining to the listing of the 
Securities on BSE. After corresponding with BSE, the Board determined 
that it is in the best interest of the Issuer and its stockholders to 
voluntarily withdraw the listing of its Securities from BSE and 
requested that the Issuer's current market makers continue to make 
markets in the Securities on the OTC Bulletin Board.
    The Issuer stated in its application that it has complied with BSE 
rules governing the withdrawal of a security from BSE by complying with 
all applicable laws in effect in the State of Delaware, the state in 
which the Issuer is incorporated, and by complying with BSE procedures 
for delisting by filing the required documents governing the withdrawal 
of a security from listing and registration on BSE.
    The Issuer's application relates solely to withdrawal of the 
Securities from listing on 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. 78l(b).
    \4\ 15 U.S.C. 78l(g).
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    Any interested person may, on or before April 4, 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

     Use the Commission's Internet comment form (http://www.sec.gov/rules/delist.shtml); or
     Send an e-mail to [email protected]. Please include 
the File Number 1-11568 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 1-11568. 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

[[Page 12759]]

(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.4
[FR Doc. E5-1115 Filed 3-14-05; 8:45 am]
BILLING CODE 8010-01-P