80_FR_63828 80 FR 63626 - Accentia Biopharmaceuticals, Inc. and Biostem U.S. Corp., Order of Suspension of Trading

80 FR 63626 - Accentia Biopharmaceuticals, Inc. and Biostem U.S. Corp., Order of Suspension of Trading

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 202 (October 20, 2015)

Page Range63626-63627
FR Document2015-26722

Federal Register, Volume 80 Issue 202 (Tuesday, October 20, 2015)
[Federal Register Volume 80, Number 202 (Tuesday, October 20, 2015)]
[Notices]
[Pages 63626-63627]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26722]


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

SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]


Accentia Biopharmaceuticals, Inc. and Biostem U.S. Corp., Order 
of Suspension of Trading

October 16, 2015.
    It appears to the Securities and Exchange Commission that there is 
a lack of current and accurate information concerning the securities of 
Accentia Biopharmaceuticals, Inc. (CIK No. 1310094), a dissolved 
Florida corporation with its principal place of business listed as 
Tampa, Florida, with stock quoted on OTC Link (previously, ``Pink 
Sheets'') operated by OTC Markets Group, Inc. (``OTC Link'') under the 
ticker symbol ABPI, because it has not filed any periodic reports since 
the period ended December 31, 2012. On October 27, 2014, Accentia 
Biopharmaceuticals received a delinquency letter sent by the Division 
of Corporation Finance requesting compliance with their periodic filing 
obligations.

[[Page 63627]]

    It appears to the Securities and Exchange Commission that there is 
a lack of current and accurate information concerning the securities of 
Biostem U.S. Corp. (CIK No. 1455380), a revoked Nevada corporation with 
its principal place of business listed as Clearwater, Florida, with 
stock quoted on OTC Link under the ticker symbol HAIR, because it has 
not filed any periodic reports since the period ended November 30, 
2012. On November 7, 2014, the Division of Corporation Finance sent 
Biostem U.S. a delinquency letter requesting compliance with their 
periodic filing obligations, but the letter was returned because of 
Biostem U.S.'s failure to maintain a valid address on file with the 
Commission, as required by Commission rules (Rule 301 of Regulation S-
T, 17 CFR 232.301 and Section 5.4 of EDGAR Filer Manual).
    The Commission is of the opinion that the public interest and the 
protection of investors require a suspension of trading in the 
securities of the above-listed companies.
    Therefore, it is ordered, pursuant to Section 12(k) of the 
Securities Exchange Act of 1934, that trading in the securities of the 
above-listed companies is suspended for the period from 9:30 a.m. EDT 
on October 16, 2015, through 11:59 p.m. EDT on October 29, 2015.

    By the Commission.
Brent J. Fields
Secretary.
[FR Doc. 2015-26722 Filed 10-16-15; 11:15 am]
 BILLING CODE 8011-01-P



                                                  63626                             Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Notices

                                                  2. Statutory Basis                                          thereunder.15 The proposed rule change                amendments, all written statements
                                                     The Exchange believes that proposed                      effects a change that (A) does not                    with respect to the proposed rule
                                                  rule change is consistent with Section                      significantly affect the protection of                change that are filed with the
                                                  6(b)(5) of the Act,12 which requires,                       investors or the public interest; (B) does            Commission, and all written
                                                  among other things, that the Exchange’s                     not impose any significant burden on                  communications relating to the
                                                  rules be designed to prevent fraudulent                     competition; and (C) by its terms, does               proposed rule change between the
                                                  and manipulative acts and practices, to                     not become operative for 30 days after                Commission and any person, other than
                                                  promote just and equitable principles of                    the date of the filing, or such shorter               those that may be withheld from the
                                                  trade, to foster cooperation and                            time as the Commission may designate                  public in accordance with the
                                                  coordination with persons engaged in                        if consistent with the protection of                  provisions of 5 U.S.C. 552, will be
                                                  facilitating transactions in securities,                    investors and the public interest;                    available for Web site viewing and
                                                  and to remove impediments to and                            provided that the self-regulatory                     printing in the Commission’s Public
                                                  perfect the mechanism of a free and                         organization has given the Commission                 Reference Room, 100 F Street NE.,
                                                  open market and a national market                           written notice of its intent to file the              Washington, DC 20549, on official
                                                  system. The Exchange believes that the                      proposed rule change, along with a brief              business days between the hours of
                                                  proposed rule change will further these                     description and text of the proposed                  10:00 a.m. and 3:00 p.m. Copies of such
                                                  requirements by providing greater                           rule change, at least five business days              filing will also be available for
                                                  harmonization between Exchange and                          prior to the date of filing of the                    inspection and copying at the principal
                                                  FINRA rules of similar purpose,                             proposed rule change, or such shorter                 office of the Exchange. All comments
                                                  resulting in greater uniformity and less                    time as designated by the Commission.                 received will be posted without change;
                                                  burdensome and more efficient                                  At any time within 60 days of the                  the Commission does not edit personal
                                                  regulatory compliance. As such, the                         filing of the proposed rule change, the               identifying information from
                                                  proposed rule change would foster                           Commission may summarily                              submissions. You should submit only
                                                  cooperation and coordination with                           temporarily suspend such rule change if               information that you wish to make
                                                  persons engaged in facilitating                             it appears to the Commission that such                available publicly. All submissions
                                                  transactions in securities and would                        action is: (1) Necessary or appropriate in            should refer to File No. SR–BYX–2015–
                                                  remove impediments to and perfect the                       the public interest; (2) for the protection           43 and should be submitted on or before
                                                  mechanism of a free and open market                         of investors; or (3) otherwise in                     October 23,2015.
                                                  and a national market system in                             furtherance of the purposes of the Act.
                                                                                                                                                                      For the Commission, by the Division of
                                                  accordance with Section 6(b)(5) of the                      If the Commission takes such action, the              Trading and Markets, pursuant to delegated
                                                  Act.13                                                      Commission shall institute proceedings                authority.16
                                                                                                              to determine whether the proposed rule                Robert W. Errett,
                                                  (B) Self-Regulatory Organization’s                          should be approved or disapproved.
                                                  Statement on Burden on Competition                                                                                Deputy Secretary.
                                                                                                              IV. Solicitation of Comments                          [FR Doc. 2015–26577 Filed 10–19–15; 8:45 am]
                                                    The Exchange does not believe that
                                                  the proposed rule change would impose                         Interested persons are invited to                   BILLING CODE 8011–01–P

                                                  any burden on competition that is not                       submit written data, views and
                                                  necessary or appropriate in furtherance                     arguments concerning the foregoing,
                                                                                                              including whether the proposal is                     SECURITIES AND EXCHANGE
                                                  of the purposes of the Act. The
                                                                                                              consistent with the Act. Comments may                 COMMISSION
                                                  proposed rule change is not designed to
                                                  address any competitive issues but                          be submitted by any of the following                  [File No. 500–1]
                                                  rather to provide greater harmonization                     methods:
                                                  among Exchange and FINRA rules of                                                                                 Accentia Biopharmaceuticals, Inc. and
                                                                                                              Electronic Comments
                                                  similar purpose, resulting in less                                                                                Biostem U.S. Corp., Order of
                                                  burdensome and more efficient                                 • Use the Commission’s Internet                     Suspension of Trading
                                                  regulatory compliance for common                            comment form (http://www.sec.gov/
                                                                                                              rules/sro.shtml); or                                  October 16, 2015.
                                                  members and facilitating FINRA’s
                                                                                                                • Send an email to rule-comments@                      It appears to the Securities and
                                                  performance of its regulatory functions                                                                           Exchange Commission that there is a
                                                                                                              sec.gov. Please include File No. SR–
                                                  under the 17d–2 Agreement.                                                                                        lack of current and accurate information
                                                                                                              BYX–2015–43 on the subject line.
                                                  (C) Self-Regulatory Organization’s                                                                                concerning the securities of Accentia
                                                                                                              Paper Comments                                        Biopharmaceuticals, Inc. (CIK No.
                                                  Statement on Comments on the
                                                  Proposed Rule Change Received From                             • Send paper comments in triplicate                1310094), a dissolved Florida
                                                  Members, Participants or Others                             to Secretary, Securities and Exchange                 corporation with its principal place of
                                                                                                              Commission, 100 F Street NE.,                         business listed as Tampa, Florida, with
                                                    The Exchange has neither solicited
                                                                                                              Washington, DC 20549–1090.                            stock quoted on OTC Link (previously,
                                                  nor received written comments on the
                                                  proposed rule change.                                       All submissions should refer to File No.              ‘‘Pink Sheets’’) operated by OTC
                                                                                                              SR–BYX–2015–43. This file number                      Markets Group, Inc. (‘‘OTC Link’’) under
                                                  III. Date of Effectiveness of the                           should be included on the subject line                the ticker symbol ABPI, because it has
                                                  Proposed Rule Change and Timing for                         if email is used. To help the                         not filed any periodic reports since the
                                                  Commission Action                                           Commission process and review your                    period ended December 31, 2012. On
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                                                     The Exchange has designated this rule                    comments more efficiently, please use                 October 27, 2014, Accentia
                                                  filing as non-controversial under                           only one method. The Commission will                  Biopharmaceuticals received a
                                                  Section 19(b)(3)(A) of the Act 14 and                       post all comments on the Commission’s                 delinquency letter sent by the Division
                                                  paragraph (f)(6) of Rule 19b–4                              Internet Web site (http://www.sec.gov/                of Corporation Finance requesting
                                                                                                              rules/sro.shtml). Copies of the                       compliance with their periodic filing
                                                    12 15    U.S.C. 78f(b)(5).                                submission, all subsequent                            obligations.
                                                    13 Id.
                                                    14 15    U.S.C. 78s(b)(3)(A).                               15 17   CFR 240.19b–4.                                16 17   CFR 200.30–3(a)(12).



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                                                                                Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Notices                                                   63627

                                                     It appears to the Securities and                      solicit comments on the proposed rule                    The Exchange is proposing to make
                                                  Exchange Commission that there is a                      change from interested persons.                        this change to Supplementary Material
                                                  lack of current and accurate information                                                                        .08 to Chapter IV, Section 6 to enable
                                                                                                           I. Self-Regulatory Organization’s
                                                  concerning the securities of Biostem                                                                            the continued trading of Mini Options
                                                                                                           Statement of the Terms of Substance of
                                                  U.S. Corp. (CIK No. 1455380), a revoked                  the Proposed Rule Change                               on Google’s, now Alphabet’s Class A
                                                  Nevada corporation with its principal                                                                           shares. The Exchange is proposing to
                                                  place of business listed as Clearwater,                     NASDAQ proposes to amend                            make this change because, on October 5,
                                                  Florida, with stock quoted on OTC Link                   Supplementary Material .08 to Chapter                  2015 Google reorganized and as a result
                                                  under the ticker symbol HAIR, because                    IV, Section 6 (Series of Options                       underwent a name change.
                                                  it has not filed any periodic reports                    Contracts Open for Trading), entitled                    The purpose of this change is to
                                                  since the period ended November 30,                      ‘‘Mini Options Contracts.’’ Specifically,              ensure that Supplementary Material .08
                                                  2012. On November 7, 2014, the                           the Exchange proposes to replace the                   to Chapter IV, Section 6 reflects the
                                                  Division of Corporation Finance sent                     name ‘‘Google Inc.’’ with ‘‘Alphabet                   intention and practice of the Exchange
                                                  Biostem U.S. a delinquency letter                        Inc.’’                                                 to trade Mini Options on only an
                                                  requesting compliance with their                            The Exchange requests that the                      exhaustive list of underlying securities
                                                  periodic filing obligations, but the letter              Commission waive the 30-day operative                  outlined in Supplementary Material .08.
                                                  was returned because of Biostem U.S.’s                   delay period contained in Exchange Act                 This change is meant to continue the
                                                  failure to maintain a valid address on                   Rule 19b–4(f)(6)(iii).3                                inclusion of Class A shares of Google in
                                                                                                              The text of the proposed rule change                the current list of underlying securities
                                                  file with the Commission, as required by
                                                                                                           is available on the Exchange’s Web site                that Mini Options can be traded on,
                                                  Commission rules (Rule 301 of
                                                                                                           at http://                                             while continuing to make clear that
                                                  Regulation S–T, 17 CFR 232.301 and
                                                                                                           www.nasdaq.cchwallstreet.com, at the                   class C shares of Google are not part of
                                                  Section 5.4 of EDGAR Filer Manual).
                                                                                                           principal office of the Exchange, and at               that list as that class of options has not
                                                     The Commission is of the opinion that
                                                                                                           the Commission’s Public Reference                      been approved for Mini Options trading.
                                                  the public interest and the protection of
                                                                                                           Room.                                                  As a result, the proposed change will
                                                  investors require a suspension of trading
                                                  in the securities of the above-listed                    II. Self-Regulatory Organization’s                     help avoid confusion.
                                                  companies.                                               Statement of the Purpose of, and                       2. Statutory Basis
                                                     Therefore, it is ordered, pursuant to                 Statutory Basis for, the Proposed Rule
                                                  Section 12(k) of the Securities Exchange                 Change                                                    The Exchange believes the proposed
                                                  Act of 1934, that trading in the                                                                                rule change is consistent with the
                                                                                                              In its filing with the Commission, the
                                                  securities of the above-listed companies                                                                        Securities Exchange Act of 1934 (the
                                                                                                           Exchange included statements
                                                  is suspended for the period from 9:30                                                                           ‘‘Act’’) and the rules and regulations
                                                                                                           concerning the purpose of and basis for
                                                  a.m. EDT on October 16, 2015, through                                                                           thereunder applicable to the Exchange
                                                                                                           the proposed rule change and discussed
                                                  11:59 p.m. EDT on October 29, 2015.                                                                             and, in particular, the requirements of
                                                                                                           any comments it received on the
                                                                                                                                                                  Section 6(b) of the Act.5 Specifically,
                                                    By the Commission.                                     proposed rule change. The text of these
                                                                                                                                                                  the Exchange believes the proposed rule
                                                  Brent J. Fields                                          statements may be examined at the
                                                                                                                                                                  change is consistent with the Section
                                                  Secretary.                                               places specified in Item IV below. The
                                                                                                                                                                  6(b)(5) 6 requirements that the rules of
                                                  [FR Doc. 2015–26722 Filed 10–16–15; 11:15 am]            Exchange has prepared summaries, set
                                                                                                                                                                  an exchange be designed to prevent
                                                                                                           forth in sections A, B, and C below, of
                                                  BILLING CODE 8011–01–P                                                                                          fraudulent and manipulative acts and
                                                                                                           the most significant aspects of such
                                                                                                                                                                  practices, to promote just and equitable
                                                                                                           statements.
                                                                                                                                                                  principles of trade, to foster cooperation
                                                  SECURITIES AND EXCHANGE                                  A. Self-Regulatory Organization’s                      and coordination with persons engaged
                                                  COMMISSION                                               Statement of the Purpose of, and                       in regulating, clearing, settling,
                                                  [Release No. 34–76139; File No. SR–                      Statutory Basis for, the Proposed Rule                 processing information with respect to,
                                                  NASDAQ–2015–116]                                         Change                                                 and facilitating transactions in
                                                                                                                                                                  securities, to remove impediments to
                                                  Self-Regulatory Organizations; The                       1. Purpose
                                                                                                                                                                  and perfect the mechanism of a free and
                                                  NASDAQ Stock Market LLC; Notice of                          The Exchange proposes to amend                      open market and a national market
                                                  Filing and Immediate Effectiveness of                    Supplementary Material .08 to Chapter                  system, and, in general, to protect
                                                  Proposed Rule Change Relating to                         IV, Section 6, regarding Mini Options                  investors and the public interest.
                                                  Mini Options                                             traded on Nasdaq, to replace the name                  Additionally, the Exchange believes the
                                                                                                           ‘‘Google Inc.’’ with ‘‘Alphabet Inc.’’                 proposed rule change is consistent with
                                                  October 14, 2015.                                        Google Inc. (‘‘Google’’) recently                      the Section 6(b)(5) 7 requirement that
                                                     Pursuant to Section 19(b)(1) of the                   announced plans to reorganize and                      the rules of an exchange not be designed
                                                  Securities Exchange Act of 1934                          create a new public holding company,                   to permit unfair discrimination between
                                                  (‘‘Act’’),1 and Rule 19b–4 thereunder,2                  which will be called Alphabet Inc.                     customers, issuers, brokers, or dealers.
                                                  notice is hereby given that on October                   (‘‘Alphabet’’). As a result of the holding                In particular, the proposed rule
                                                  8, 2015, The NASDAQ Stock Market                         company reorganization, each share of                  change to change the name Google to
                                                  LLC (‘‘NASDAQ’’ or ‘‘Exchange’’) filed                   Class A Common Stock (‘‘GOOGL’’),                      Alphabet to reflect the new ownership
                                                  with the Securities and Exchange                         which the Exchange has listed as a Mini                structure is consistent with the Act
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                                                  Commission (‘‘Commission’’) the                          Option, will automatically convert into                because the proposed change is merely
                                                  proposed rule change as described in                     an equivalent corresponding share of                   updating the current name associated
                                                  Items I and II below, which Items have                   Alphabet Inc. stock.4 The symbol
                                                  been prepared by NASDAQ. The                             ‘‘GOOGL’’ remains unchanged.                           to be listed as Mini Options on the Exchange, only
                                                  Commission is publishing this notice to                                                                         the Class A Common Stock.
                                                                                                             3 17                                                   5 15 U.S.C. 78f(b).
                                                                                                                  CFR 240.19b–4(f)(6)(iii).
                                                    1 15 U.S.C. 78s(b)(1).                                   4 The                                                  6 15 U.S.C. 78f(b)(5).
                                                                                                                   Class C Capital Stock (‘‘GOOG’’) which is
                                                    2 17 CFR 240.19b–4.                                    also impacted by the reorganization are not eligible     7 Id.




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Document Created: 2015-12-14 15:25:33
Document Modified: 2015-12-14 15:25:33
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 63626 

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