On December 1, 2004, Nasdaq-100 Trust, Series I, a New York Trust (“Issuer”), filed an application with the Securities and Exchange Commission (“Commission”), pursuant to Section 12(d) of the Securities Exchange Act of 1934 (“Act”)  and Rule 12d2-2(d) thereunder, to withdraw its units of beneficial interest in the Nasdaq-100 Trust, Series 1 (“Security”), from listing and registration on the American Stock Exchange LLC (“Amex”).
The Board of Directors (“Board”) of Nasdaq Financial Products Services, Inc. (a “sponsor”) of the Issuer, approved a resolution on August 31, 2004 to withdraw the Issuer's Security from listing on the Amex and to list the Security on the Nasdaq National Market (“Nasdaq”). The Board determined that the reasons for withdrawing its Security from the Amex and listing on the Nasdaq are: (i) It is in the best interest of the Issuer and its shareholders; and (ii) the Issuer is no longer contractually obligated to remain listed on the Amex. Trading in the Security on the Nasdaq commenced on December 1, 2004.
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 New York, 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 from registration under Section 12(b) of the Start Printed Page 72227Act, and shall not affect its obligation to be registered under Section 12(g) of the Act.
Any interested person may, on or before December 28, 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:
- Send an e-mail to firstname.lastname@example.org. Please include the File Number 1-14863 or;
- 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 1-14863. 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.Start Signature
Jonathan G. Katz,
[FR Doc. E4-3606 Filed 12-10-04; 8:45 am]
BILLING CODE 8010-01-P