

[Federal Register: December 9, 2005 (Volume 70, Number 236)]
[Notices]               
[Page 73317]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de05-134]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52874; File No. SR-Amex-2005-097]

 
Self-Regulatory Organizations; American Stock Exchange LLC; Order 
Approving Proposed Rule Change Relating to the Amex Listing Agreement

December 1, 2005.

I. Introduction

    On September 29, 2005, the American Stock Exchange LLC (``Amex'' or 
``Exchange'') filed with the Securities and Exchange Commission 
(``Commission'') a proposed rule change, pursuant to Section 19(b)(1) 
of the Securities Exchange Act of 1934 (``Act'')\1\ and Rule 19b-4 
thereunder,\2\ to adopt a modified Amex Listing Agreement. The proposed 
rule change was published for comment in the Federal Register on 
October 25, 2005.\3\ The Commission received no comments on the 
proposal. This order approves the proposed rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 52630 (October 18, 
2005), 70 FR 61670.
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II. Description of the Proposal

    The Exchange proposes to adopt a modified Amex Listing Agreement 
for the purpose of (i) combining the two forms of Amex Listing 
Agreements presently available into one form of Amex Listing Agreement 
to be submitted to the Exchange by all issuers in connection with a 
listing application; (ii) eliminating a representation by issuers of 
structured products, exchange-traded funds, trust issued receipts and 
other novel securities products regarding third party claims; and (iii) 
making certain minor, non-substantive changes to the Amex Listing 
Agreement.

III. Discussion

    After careful consideration, the Commission finds that the proposed 
rule change, as amended, is consistent with the requirements of the Act 
and the rules and regulations thereunder applicable to a national 
securities exchange.\4\ In particular, the Commission believes that the 
proposal is consistent with Section 6(b)(5)\5\ in particular, in that 
it is designed to promote just and equitable principles of trade and is 
not designed to permit unfair discrimination between issuers or to 
regulate by virtue of any authority conferred by the Act matters not 
related to the purposes of the Act or the administration of the 
Exchange.
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    \4\ In approving the proposed rule change, the Commission has 
considered its impact on efficiency, competition, and capital 
formation. See 15 U.S.C. 78c(f).
    \5\ 15 U.S.C. 78f(b)(5).
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IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the 
Act,\6\ that the proposed rule change (SR-Amex-2005-097) be, and it 
hereby is, approved.
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    \6\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.\7\
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    \7\ 17 CFR 200.30-3(a)(12).
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Jonathan G. Katz,
Secretary.
[FR Doc. E5-7102 Filed 12-8-05; 8:45 am]

BILLING CODE 8010-01-P
