[Federal Register Volume 70, Number 49 (Tuesday, March 15, 2005)]
[Notices]
[Pages 12760-12761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-1118]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[File No. 1-15169]


Issuer Delisting; Notice of Application of Perficient, Inc. To 
Withdraw Its Common Stock, $.001 Par Value, From Listing and 
Registration on the Boston Stock Exchange, Inc.

March 9, 2005.
    On February 15, 2005, Perficient, 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, $.001 par value 
(``Security''), from listing and registration on the Boston Stock 
Exchange, Inc. (``BSE'').
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78l(d).
    \2\ 17 CFR 240.12d2-2(d).
---------------------------------------------------------------------------

    On February 7, 2005, the Board of Directors (``Board'') of the 
Issuer approved resolutions to withdraw the Security from listing and 
registration on BSE. In making the decision to delist the Security from 
BSE, the Issuer stated that the following reason factored into its 
decision. Over the course of the past twelve months, the Issuer has 
periodically reviewed its ability to comply with the listing standards 
of Nasdaq National Market (``Nasdaq'') in order to move the listing of 
the Security from Nasdaq SmallCap Market to the Nasdaq. The Issuer was 
aware that once the Security was listed on Nasdaq, the Security would 
then be a covered security pursuant to Sections 18(b)(1)(A) of the 
Securities Act of 1933 (``Securities Act'')\3\ and the Issuer would no 
longer need to maintain the listing of the Security on BSE to qualify 
for the exemption provided by Section 18 of the Securities Act. In 
December 2004, the Issuer determined that it met the criteria for 
listing the Security on Nasdaq. In January 2005, the Issuer applied to 
Nasdaq to move the listing of the Security to Nasdaq and to begin 
trading of the Security from Nasdaq SmallCap Market to Nasdaq on 
February 2, 2005. Concurrent with its decision to apply for listing the 
Security on Nasdaq, the Issuer received a request from BSE on January 
3, 2005 to update the Issuer's number of shares listed on BSE, to 
confirm compliance with the corporate governance requirements of the 
Sarbanes-Oxley Act of 2002, and to confirm the current number of 
beneficial holders of the Security. On February 3, 2005, the Issuer 
notified BSE that the Security was listed on

[[Page 12761]]

Nasdaq and that the Issuer desired to voluntary delist from BSE.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 77r Sec.  18(b)(1)(A).
---------------------------------------------------------------------------

    The Issuer stated in its application that it has complied with BSE 
procedures for delisting by filing the required documents governing the 
withdrawal of securities from listing and registration on BSE.
    The Issuer's application relates solely to withdrawal of the 
Security from listing on BSE and from registration under Section 12(b) 
of the Act,\4\ and shall not affect its obligation to be registered 
under Section 12(g) of the Act.\5\
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78l(b).
    \5\ 15 U.S.C. 78l(g).
---------------------------------------------------------------------------

    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 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 1-15169 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 1-15169. 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.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(1).
---------------------------------------------------------------------------

Jonathan G. Katz,
Secretary.
[FR Doc. E5-1118 Filed 3-14-05; 8:45 am]
BILLING CODE 8010-01-P