-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, Mq4Pp1Q5Vzxu9qyYoBgCsEnpjatTWm0pruqUvkRatXw3PKKe+ywJtFdvhnck5rLW q29ET5bQgGwnqGqbemPr8A== 0000904802-99-000081.txt : 19990916 0000904802-99-000081.hdr.sgml : 19990916 ACCESSION NUMBER: 0000904802-99-000081 CONFORMED SUBMISSION TYPE: S-8 POS PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 19990915 EFFECTIVENESS DATE: 19990915 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ACME ELECTRIC CORP CENTRAL INDEX KEY: 0000002070 STANDARD INDUSTRIAL CLASSIFICATION: ELECTRICAL INDUSTRIAL APPARATUS [3620] IRS NUMBER: 160324980 STATE OF INCORPORATION: NY FISCAL YEAR END: 0630 FILING VALUES: FORM TYPE: S-8 POS SEC ACT: SEC FILE NUMBER: 033-59523 FILM NUMBER: 99711921 BUSINESS ADDRESS: STREET 1: 400 QUAKER RD CITY: EAST AURORA STATE: NY ZIP: 14052 BUSINESS PHONE: 7166553800 MAIL ADDRESS: STREET 1: 400 QUAKER ROAD CITY: EAST AURORA STATE: NY ZIP: 14052 S-8 POS 1 As filed with the Securities and Exchange Commission on September 15, 1999 Registration No. 33-59523 ___________________________________________________________________________ ___________________________________________________________________________ SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 POST EFFECTIVE AMENDMENT NO. 1 ______________________________ TO FORM S-8 REGISTRATION STATEMENT Under The Securities Act of 1933 ACME ELECTRIC CORPORATION (Exact name of Registrant as specified in its charter) New York 16-0324980 (State or other jurisdiction of (I.R.S. Employer incorporation or organization) Identification No.) 400 Quaker State Road East Aurora, New York 14052-2199 (Address of Principal Executive Office) (Zip Code) ACME ELECTRIC CORPORATION 1989 INCENTIVE STOCK OPTION PLAN (Full title of the plan) Michael A. Simon, Controller ACME ELECTRIC CORPORATION 400 Quaker State Road East Aurora, New York 14052-2199 (Name and address of agent for service) 716-655-3800 (Telephone number, including area code, of agent for service) Copy to: Phillips, Lytle, Hitchcock, Blaine & Huber LLP 3400 Marine Midland Center Buffalo, New York 14203 Attention: John B. Drenning, Esq. - 1 - EXPLANATORY STATEMENT A total of 441,220 shares of Common Stock of Acme Electric Corporation (the "Company") were registered by Registration Statements on Form S-8, File Numbers 33-79488 and 33-59523 to be issued in connection with the Company's 1989 Stock Option Plan (the "1989 Plan"). On October 30, 1998 the shareholders of the Company approved the Acme Electric Corporation 1998 Stock Option Plan (the "1998 Plan") and thereupon the 1989 Plan terminated. Two Hundred Thirty One Thousand (231,000) authorized but not granted shares of Common Stock of the Company which were registered in connection with the 1989 Plan will not be issued under the 1989 Plan and, pursuant to Instruction E to Form S-8 and the telephonic interpretations of the Securities and Exchange Commission (Interpretation No. 86 of Section 6. Securities Act Forms of the Division of Corporation Finance's Manual of Publicly Available Telephone Interpretations - July 1997), are carried forward to the Registration Statement on Form S-8 filed on or about the date hereof in connection with the 1998 Plan. PART II Item 3. Incorporation of Documents by Reference The Registration Statement on form S-8, File No. 33-59523, is incorporated herein by reference. - 2 - SIGNATURES The Registrant. Pursuant to the requirements of the Securities Act of 1933, the registrant certifies that it has reasonable grounds to believe that it meets all the requirements for filing on Form S-8 and has duly caused this Post Effective Amendment No. 1 to the Registration Statement to be signed on its behalf by the undersigned, thereunto duly authorized, in East Aurora, New York on August 23, 1999. ACME ELECTRIC CORPORATION By:/s/Robert J. McKenna __________________________ ROBERT J. McKENNA Chairman, President and Chief Executive Officer - 3 - Pursuant to the requirements of the Securities Act of 1933, this Registration Statement has been signed by the following persons in the capacities and on the date indicated. SIGNATURE CAPACITY DATE _________ ________ ____ /s/Robert J. McKenna Chairman, President and Chief August 23, 1999 ______________________ Executive Officer (Principal Robert J. McKenna Executive Officer) and Director /s/Michael A. Simon Controller (Principal Financial August 24, 1999 ______________________ Officer and Principal Accounting Michael A. Simon Officer) /s/Robert D. Batting Director August 23, 1999 ______________________ Robert D. Batting /s/Robert T. Brady Director August 23, 1999 ______________________ Robert T. Brady /s/Randall L. Clark Director August 23, 1999 ______________________ Randall L. Clark /s/Terry M. Manon Director August 23, 1999 ______________________ Terry M. Manon - 4 - -----END PRIVACY-ENHANCED MESSAGE-----