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U.S. Securities and Exchange Commission

SEC News Digest

Issue 2008-243
December 17, 2008

COMMISSION ANNOUNCEMENTS

SEC Suspends Trading in the Securities of Yatinoo, Inc.

The Commission today announced the temporary suspension, pursuant to Section 12(k) of the Securities Exchange Act of 1934, of trading in the securities of Yatinoo, Inc., at 9:30 a.m. EST, Dec. 17, 2008, through 11:59 p.m. EST, on Dec. 31, 2008. The Commission temporarily suspended trading in the securities of Yatinoo because of questions concerning the accuracy and adequacy of publicly-available information about Yatinoo securities, including information in the market place concerning the number of Yatinoo's issued and outstanding shares and market capitalization, and Yatinoo's operations. Questions have also arisen about trading activity in the market for Yatinoo securities. Yatinoo securities are quoted on the Over-the-Counter Bulletin Board under the trading symbol YTNO. See In the Matter of Yatinoo, Inc. (Rel. 34-59110)


RULES AND RELATED MATTERS

Notice of Filing of Proposed Plan for the Allocation of Regulatory Responsibilities Pursuant to Rule 17d-2 Between the Financial Industry Regulatory Authority and the Boston Stock Exchange

The Financial Industry Regulatory Authority and the Boston Stock Exchange filed a proposed plan for the allocation of regulatory responsibilities pursuant to Rule 17d-2 under the Securities Exchange Act of 1934 (File No. 4-575). Publication is expected in the Federal Register during the week of December 15. (Rel. 34-59101)


ENFORCEMENT PROCEEDINGS

Commission Revokes Registration of Securities of Birman Managed Care, Inc. for Failure to Make Required Periodic Filings

On December 17, the Commission revoked the registration of each class of registered securities of Birman Managed Care, Inc. (Birman) for failure to make required periodic filings with the Commission.

Without admitting or denying the findings in the Order, except as to jurisdiction, which it admitted, Birman consented to the entry of an Order Making Findings and Revoking Registration of Securities Pursuant to Section 12(j) of the Securities Exchange Act of 1934 as to Birman Managed Care, Inc. finding that it had failed to comply with Section 13(a) of the Securities Exchange Act of 1934 (Exchange Act) and Rules 13a-1 and 13a-13 thereunder and revoking the registration of each class of Birman's securities pursuant to Section 12(j) of the Exchange Act. This order settled the charges brought against Birman in In the Matter of Birman Managed Care, Inc., et al., Administrative Proceeding File No. 3-13140.

Brokers and dealers should be alert to the fact that Exchange Act Section 12(j) provides, in pertinent part, as follows:

No member of a national securities exchange, broker, or dealer shall make use of the mails or any means or instrumentality of interstate commerce to effect any transaction in, or to induce the purchase or sale of, any security the registration of which has been and is suspended or revoked . . . .

For further information see Order Instituting Administrative Proceedings and Notice of Hearing Pursuant to Section 12(j) of the Securities Exchange Act of 1934, In the Matter of Birman Managed Care, Inc., et al., Administrative Proceeding File No. 3-13140, Exchange Act Release No. 58390 (Aug. 20, 2008). (Rel. 34-59109; File No. 3-13140)


SELF-REGULATORY ORGANIZATIONS

Immediate Effectiveness of Proposed Rule Changes

A proposed rule change filed by the International Securities Exchange relating to fee changes (SR-ISE-2008-93) has become effective under Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of December 15. (Rel. 34-59092)

A proposed rule change filed by BATS Exchange related to fees for the use of the Exchange (SR-BATS-2008-012) has become effective pursuant to Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of December 15. (Rel. 34-59095)

A proposed rule change filed by Financial Industry Regulatory Authority to update rule cross-references and make other various non-substantive technical changes to FINRA rules (SR-FINRA-2008-057) has become immediately effective pursuant to Section 19(b)(3)(A) of the Securities Exchange Act of 1934. Publication is expected in the Federal Register during the week of December 15. (Rel. 34-59097)


Proposed Rule Change

The NASDAQ Stock Market filed a proposed rule change (SR-NASDAQ-2008-096) pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 relating to the generic listing standards for index multiple exchange traded fund shares and index inverse exchange traded fund shares. Publication is expected in the Federal Register during the week of December 15. (Rel. 34-59098)


Approval of Proposed Rule Change

The Commission approved a proposed rule change (SR-DTC-2008-11) submitted under Rule 19b-4 by the Depository Trust Company that establishes a new service, the "Security Holder Tracking Service," that allows issuers, either themselves or through an issuer-designated administrator, to track and limit the number of beneficial owners primarily for securities that are closely held and privately transacted. Publication is expected in the Federal Register during the week of December 15. (Rel. 34-59102)

 

http://www.sec.gov/news/digest/2008/dig121708.htm


Modified: 12/17/2008