8-A12G 1 form8a_011306.txt SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-A FOR REGISTRATION OF CERTAIN CLASSES OF SECURITIES PURSUANT TO SECTION 12(b) OR (g) OF THE SECURITIES EXCHANGE ACT OF 1934 Magyar Bancorp, Inc. -------------------- (Exact Name of Registrant as Specified in Its Charter) Delaware To be applied for ------------------------------ ------------------------- (State of Incorporation or Organization) (I.R.S. Employer Identification No.) 400 Somerset Street New Brunswick, New Jersey 08903 ------------------------------ ------------------------- (Address of Principal Executive Offices) (Zip Code) If this form relates to the If this form relates to the registration of a class of securities registration of a class of securities pursuant to Section 12(b) of the pursuant to Section 12(g) of the Exchange Act and is effective Exchange Act and is effective pursuant to General Instruction pursuant to General Instruction A.(c), please check the following A.(d), please check the following box. [ ] box. [X] Securities Act registration statement file number to which this form relates: 333-128392 ---------- Securities to be registered pursuant to Section 12(b) of the Act: None N/A ------------------------------------------------------------------------- Title of Class) (Name of Each Exchange on Which Each Class is to be Registered) Securities to be registered pursuant to Section 12(g) of the Act: Common stock, par value $0.01 per share ---------------------------------------- (Title of Class) Item 1. Description of Registrant's Securities to be Registered. ----------------------------------------------------------------- For a description of the Registrant's securities, reference is made to "Description of Capital Stock of Magyar Bancorp, Inc.," "Our Policy Regarding Dividends" and "Market for the Common Stock" in the Registrant's Registration Statement on Form SB-2, as amended (File No. 333-128392), which is hereby incorporated by reference. For a description of the provisions of the Registrant's Certificate of Incorporation and Bylaws that may render a change in control of the Registrant more difficult, reference is made to "Restrictions on the Acquisition of Magyar Bancorp, Inc. and Magyar Bank" in the Registrant's Registration Statement, as amended. Item 2. Exhibits. ------------------ 1. Registration Statement on Form SB-2 (Registration Number 333-128392) dated September 16, 2005, as amended on October 26, 2005, November 8, 2005, November 14, 2005, November 18, 2005 and December 12, 2005, is hereby incorporated by reference. 2. Delaware Certificate of Incorporation (incorporated by reference to Exhibit 3.1 of the Registration Statement on Form SB-2 as filed on September 16, 2005, as amended on October 26, 2005, November 8, 2005, November 14, 2005, November 18, 2005 and December 12, 2005). 3. Bylaws (incorporated by reference to Exhibit 3.2 of the Registration Statement on Form SB-2 as filed on September 16, 2005, as amended on October 26, 2005, November 8, 2005, November 14, 2005, November 18, 2005 and December 12, 2005). 4. Form of Common Stock Certificate (incorporated by reference to Exhibit 4 of the Registration Statement on Form SB-2 as filed on September 16, 2005, as amended on October 26, 2005, November 8, 2005, November 14, 2005, November 18, 2005 and December 12, 2005). SIGNATURE Pursuant to the requirements of Section 12 of the Securities Exchange Act of 1934 the registrant has duly caused this registration statement to be signed on its behalf by the undersigned, thereto duly authorized. MAGYAR BANCORP, INC. Date: January 13, 2006 By: /s/ Elizabeth E. Hance -------------------------------------- Elizabeth E. Hance President and Chief Executive Officer