Notices. M SECURITIES AND EXCHANGE COMMISSION
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BILLING CODE 7590—01—M SECURITIES AND EXCHANGE COMMISSION Issuer Delisting; Notice of Application of Internacional de Ceramica, S.A. de C.V. To Withdraw its American Depositary Shares (Each American Depositary Share Representing Five Limited Voting Units), Limited Voting Units (Which Consist of One Series D and One Series L Share), Series D Shares, No Par Value, and Series L Shares, No Par Value from Listing and Registration on the New York Stock Exchange, Inc. File No. 333-12776 October 4, 2004 On September 14, 2004, Internacional de Ceramica, S.A. de C.V., a Mexican corporation (“Issuer”), has 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 American Depositary Shares (Each American Depositary Share Representing Five Limited Voting Units), Limited Voting Units (which consist of one Series D and one Series L Shares), Series D Shares, no par value, and Series L Shares, no par value) (“Securities”), from listing and registration on the New York Stock Exchange, Inc.
(“NYSE” or “Exchange”). 1 15 U.S.C. 78 *l* (d). 2 17 CFR 240.12d2-2(d). The Board of Directors (“Board”) of the Issuer approved a resolution on September 8, 2004 to withdraw the Issuer's Securities from listing on the NYSE. The Board stated that following reasons factored into its decision to withdraw the Issuer's Securities from the Exchange:
(i)The dramatically increasing costs associated with the preparation and filing of the Issuer's periodic reports with the Commission and other expenses related to listing the Securities on the NYSE;
(ii)the limited number of registered holders resident in the United States;
(iii)the lack of analyst coverage and minimal liquidity in trading of the Securities;
(iv)the infrequent trading of the Securities on the NYSE and the likelihood that such trading volume would not increase materially in the foreseeable future;
(v)the costs associated with the continued listing of Securities are disproportionately high, given the limited trading volume;
(vi)the limited voting units underlying the Securities will continue to be listed and traded on the Bolsa Mexicana de Valores, S.A. de C.V. (“Bolsa”);
(vii)the belief of the Issuer that concentration of its Securities on the Bolsa alone rather than on two different trading markets will improve liquidity in and trading of its Securities; and
(viii)the benefits associated with maintaining listing and registration in the United States are outweighed by the costs of maintaining the listing and registration. The Issuer stated in its application that it has complied with all the applicable laws in effect in Mexico, in which it is incorporated, and with the NYSE's rules governing an issuer's voluntary withdrawal of a security from listing and registration. The Issuer stated in its application that it has met the requirements of the NYSE rules governing an issuer's voluntary withdrawal of a security from listing and registration. The Issuer's application relates solely to the Securities' withdrawal from listing on the NYSE 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 3 15 U.S.C. 78 *l* (b). 4 15 U.S.C. 78 *l* (g). Any interested person may, on or before October 27, 2004, comment on the facts bearing upon whether the application has been made in accordance with the rules of the NYSE, 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 *rule-comments@sec.gov* . Please include the File Number 333-12776 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 1-11863. 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. 5 5 17 CFR 200.30-3(a)(1). Jonathan G. Katz, Secretary. [FR Doc. E4-2554 Filed 10-7-04; 8:45 am] BILLING CODE 8010-01-P SECURITIES AND EXCHANGE COMMISSION Sunshine Act Meetings Notice is hereby given, pursuant to the provisions of the Government in the Sunshine Act, Pub. L. 94-409, that the Securities and Exchange Commission will hold the following meetings during the week of October 11, 2004: An open meeting will be held on Wednesday, October 13, 2004 at 10 a.m., in Room 1C30, the William O. Douglas Meeting Room, and a closed meeting will be held on Thursday, October 14, 2004 at 10 a.m. Commissioners, Counsel to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the closed meeting. Certain staff members who have an interest in the matters may also be present. The General Counsel of the Commission, or his designee, has certified that, in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(3), (4), (5), (7), (8), (9)(B), and
(10)and 17 CFR 200.402(a)(3), (4), (5), (7), (8), 9(ii) and (10), permit consideration of the scheduled matters at the closed meeting. Commissioner Campos, as duty officer, voted to consider the items listed for the closed meeting in closed session. The subject matter of the open meeting scheduled for Wednesday, October 13, 2004 will be: The Commission will consider whether to propose amendments to Regulation M (the anti-manipulation rule concerning securities offerings) under the Securities Exchange Act of 1934. For further information, please contact Denise Landers, Joan Collopy, Elizabeth Sandoe or Elizabeth Marino at
(202)942-0772. The subject matter of the closed meeting scheduled for Thursday, October 14, 2004 will be: Formal orders of investigations; Institution and settlement of injunctive actions; Institution and settlement of administrative proceedings of an enforcement nature; Adjudicatory matters; Regulatory matters regarding financial institutions; and Amicus consideration. At times, changes in Commission priorities require alterations in the scheduling of meeting items. For further information and to ascertain what, if any, matters have been added, deleted or postponed, please contact: The Office of the Secretary at
(202)942-7070. Dated: October 6, 2004. Jonathan G. Katz, Secretary. [FR Doc. 04-22814 Filed 10-6-04; 11:14 am]
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- 15 USC 78
- 17 CFR 240.12
- Pub. L. 94-409
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Notices
M SECURITIES AND EXCHANGE COMMISSION
Cite15 USC 78
Cite17 CFR 240.12
Pub. L.Pub. L. 94-409
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