0000950137-05-001782.txt : 20120725
0000950137-05-001782.hdr.sgml : 20120725
20050215100523
ACCESSION NUMBER: 0000950137-05-001782
CONFORMED SUBMISSION TYPE: SC 13G/A
PUBLIC DOCUMENT COUNT: 1
FILED AS OF DATE: 20050215
DATE AS OF CHANGE: 20050215
FILED BY:
COMPANY DATA:
COMPANY CONFORMED NAME: OWENS G LARRY
CENTRAL INDEX KEY: 0001167011
FILING VALUES:
FORM TYPE: SC 13G/A
BUSINESS ADDRESS:
STREET 1: 2031 QUAAIL AVENUE
CITY: FORT DODGE
STATE: IA
ZIP: 50501
BUSINESS PHONE: 800 654 0164
SUBJECT COMPANY:
COMPANY DATA:
COMPANY CONFORMED NAME: SMITHWAY MOTOR XPRESS CORP
CENTRAL INDEX KEY: 0000941914
STANDARD INDUSTRIAL CLASSIFICATION: TRUCKING (NO LOCAL) [4213]
IRS NUMBER: 421433844
STATE OF INCORPORATION: NV
FISCAL YEAR END: 1231
FILING VALUES:
FORM TYPE: SC 13G/A
SEC ACT: 1934 Act
SEC FILE NUMBER: 005-46555
FILM NUMBER: 05615023
BUSINESS ADDRESS:
STREET 1: 2031 QUAIL AVENUE
CITY: FORT DODGE
STATE: IA
ZIP: 50501
BUSINESS PHONE: 5155767418
MAIL ADDRESS:
STREET 1: 2031 QUAIL AVENUE
CITY: FORT DODGE
STATE: IA
ZIP: 50501
SC 13G/A
1
c92191a3sc13gza.txt
AMENDMENT TO SCHEDULE 13G
OMB APPROVAL
--------------------------
OMB Number: 3235-0145
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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549
SCHEDULE 13G/A
UNDER THE SECURITIES EXCHANGE ACT OF 1934
(AMENDMENT NO. 3)*
SMITHWAY MOTOR XPRESS CORP.
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(Name of Issuer)
Class A Common Stock, Par Value $.01
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(Title of Class of Securities)
832653109
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(CUSIP Number)
December 31, 2004
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(Date of Event Which Requires Filing of this Statement)
Check the appropriate box to designate the rule pursuant to which this
Schedule is filed:
[ ] Rule 13d-1(b)
[ ] Rule 13d-1(c)
[X] Rule 13d-1(d)
*The remainder of this cover page shall be filled out for a reporting person's
initial filing on this form with respect to the subject class of securities, and
for any subsequent amendment containing information which would alter the
disclosures provided in a prior cover page.
The information required in the remainder of this cover page shall not be deemed
to be "filed" for the purpose of Section 18 of the Securities Exchange Act of
1934 ("Act") or otherwise subject to the liabilities of that section of the Act
but shall be subject to all other provisions of the Act (however, see the
Notes).
PERSONS WHO RESPOND TO THE COLLECTION OF INFORMATION CONTAINED IN THIS FORM ARE
NOT REQUIRED TO RESPOND UNLESS THE FORM DISPLAYS A CURRENTLY VALID OMB CONTROL
NUMBER.
SEC 1745 (12-02)
CUSIP NO. 832653109 13G Page 2 of 5 Pages
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1. Names of Reporting Persons.
I.R.S. Identification Nos. of above persons (entities only).
G. Larry Owens
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2. Check the Appropriate Box if a Member of a Group (See Instructions)
Not applicable
(a) [ ]
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(b) [ ]
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3. SEC Use Only
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4. Citizenship or Place of Organization
United States
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Number of 5. Sole Voting Power
Shares 284,542(1)
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Beneficially 6. Shared Voting Power
Owned by 0
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Each 7. Sole Dispositive Power
Reporting 284,542(1)
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Person With: 8. Shared Dispositive Power
0
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9. Aggregate Amount Beneficially Owned by Each Reporting Person
284,542(1)
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10. Check if the Aggregate Amount in Row (9) Excludes Certain Shares
(See Instructions)
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11. Percent of Class Represented by Amount in Row (9)
7.4%(2)
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12. Type of Reporting Person (See Instructions)
IN
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(1) Includes (i) 175,000 shares of Class A Common Stock, (ii) 24,342 shares of
Class A Common Stock allocated to the account of G. Larry Owens under the
Company's 401(k) plan, (iii) 200 shares held as custodian for each of Maureen
E. Owens and Lauren A. Owens-Wehrle, minor children, under the Uniform Gifts to
Minors Act, as to which beneficial ownership is disclaimed, and (iv) 85,000
shares of Class A Common Stock that Mr. Owens does not yet own, but with
respect to which Mr. Owens has options that are currently exercisable or are
exercisable within 60 days of December 31, 2004.
ITEM 1.
(a) Name of Issuer
Smithway Motor Xpress Corp.
(b) Address of Issuer's Principal Executive Offices
2031 Quail Ave.
Fort Dodge, IA 50501
ITEM 2.
(a) Name of Person Filing
G. Larry Owens
(b) Address of Principal Business Office or, if none, Residence
2031 Quail Ave.
Fort Dodge, IA 50501
(c) Citizenship
United States of America
(d) Title of Class of Securities
Class A Common Stock, $.01 par value(2)
(e) CUSIP Number
832653109
ITEM 3. IF THIS STATEMENT IS FILED PURSUANT TO SS.SS. 240.13D-1(b) OR
240.13D-2(b) OR (c), CHECK WHETHER THE PERSON FILING IS A:
(a) [ ] Broker or dealer registered under section 15 of the Act.
(b) [ ] Bank as defined in section 3(a)(6) of the Act.
(c) [ ] Insurance company as defined in section 3(a)(19) of the Act.
(d) [ ] Investment company registered under section 8 of the
Investment Company Act of 1940.
(e) [ ] An investment adviser in accordance with
ss.240.13d-1(b)(1)(ii)(E).
(f) [ ] An employee benefit plan or endowment fund in accordance
with ss. 240.13d-1(b)(1)(ii)(F).
(g) [ ] A parent holding company or control person in accordance
with ss. 240.13d-1(b)(1)(ii)(G).
(h) [ ] A savings association as defined in Section 3(b) of the
Federal Deposit Insurance Act.
(i) [ ] A church plan that is excluded from the definition of an
investment company under section 3(c)(14) of the Investment
Company Act of 1940.
(j) [ ] Group, in accordance with ss. 240.13d-1(b)(1)(ii)(J).
Not applicable.
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(2) The Company has both Class A and Class B Common Stock. The Class A Common
Stock has one vote per share. The Class B Common Stock, which is not registered
under Section 12 of the Securities Exchange Act of 1934, has two votes per share
while beneficially owned by Marlys L. Smith or members of her immediate family,
and is convertible into the same number of shares of Class A Common Stock (a) at
any time at the election of the holder and (b) automatically upon transfer to
any person other than Mrs. Smith or members of her immediate family. As of
December 31, 2004, there were 3,848,821 shares of Class A Common Stock and
1,000,000 shares of Class B Common Stock outstanding. The percentage indicated
is based upon Class A Common Stock outstanding. As a result of the two class
structure, as of December 31, 2004, the Reporting Person controlled, or had the
right to acquire, stock possessing approximately 4.9% of the voting power of all
outstanding Company stock.
Page 3 of 5
ITEM 4. OWNERSHIP
(a) Amount Beneficially Owned
284,542(1)
(b) Percent of Class
7.4%(2)
(c) Number of shares as to which such person has:
(i) Sole power to vote or to direct the vote
284,542
(ii) Shared power to vote or to direct the vote
0
(iii) Sole power to dispose or to direct the disposition of
284,542
(iv) Shared power to dispose or to direct the disposition of
0
Instruction. For computations regarding securities which represent a right to
acquire an underlying security see ss.240.13d3(d)(1).
ITEM 5. OWNERSHIP OF FIVE PERCENT OR LESS OF A CLASS
If this statement is being filed to report the fact that as of the
date hereof the reporting person has ceased to be the beneficial owner of more
than five percent of the class of securities, check the following [ ].
Instruction. Dissolution of a group requires a response to this item.
Not applicable.
ITEM 6. OWNERSHIP OF MORE THAN FIVE PERCENT ON BEHALF OF ANOTHER PERSON.
Not applicable.
ITEM 7. IDENTIFICATION AND CLASSIFICATION OF THE SUBSIDIARY WHICH ACQUIRED THE
SECURITY BEING REPORTED ON BY THE PARENT HOLDING COMPANY OR CONTROL
PERSON.
Not applicable.
ITEM 8. IDENTIFICATION AND CLASSIFICATION OF MEMBERS OF THE GROUP
Not applicable.
ITEM 9. NOTICE OF DISSOLUTION OF GROUP
Not applicable.
Page 4 of 5
ITEM 10. CERTIFICATION
The following certification shall be included if the statement is
filed pursuant to SS. 240.13d-1(c):
By signing below I certify that, to the best of my knowledge and
belief, the securities referred to above were not acquired and are not held for
the purpose of or with the effect of changing or influencing the control of the
issuer of the securities and were not acquired and are not held in connection
with or as a participant in any transaction having that purpose or effect.
SIGNATURE
After reasonable inquiry and to the best of my knowledge and belief, I
certify that the information set forth in this statement is true, complete and
correct.
February 14, 2005
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Date
/s/ G. Larry Owens
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Signature
G. Larry Owens
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Name/Title
The original statement shall be signed by each person on whose behalf
the statement is filed or his authorized representative. If the statement is
signed on behalf of a person by his authorized representative other than an
executive officer or general partner of the filing person, evidence of the
representative's authority to sign on behalf of such person shall be filed with
the statement, provided, however, that a power of attorney for this purpose
which is already on file with the Commission may be incorporated by reference.
The name and any title of each person who signs the statement shall be typed or
printed beneath his signature.
NOTE: Schedules filed in paper format shall include a signed original and five
copies of the schedule, including all exhibits. Seess. 240.13d-7 for other
parties for whom copies are to be sent.
ATTENTION: INTENTIONAL MISSTATEMENTS OR OMISSIONS OF FACT CONSTITUTE
FEDERAL CRIMINAL VIOLATIONS (SEE 18 U.S.C. 1001)
Page 5 of 5