0001143313-16-000114.txt : 20161012
0001143313-16-000114.hdr.sgml : 20161012
20161012154813
ACCESSION NUMBER: 0001143313-16-000114
CONFORMED SUBMISSION TYPE: 25-NSE
PUBLIC DOCUMENT COUNT: 2
FILED AS OF DATE: 20161012
DATE AS OF CHANGE: 20161012
EFFECTIVENESS DATE: 20161012
SUBJECT COMPANY:
COMPANY DATA:
COMPANY CONFORMED NAME: ERBA Diagnostics, Inc.
CENTRAL INDEX KEY: 0001095858
STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834]
IRS NUMBER: 113500746
STATE OF INCORPORATION: DE
FISCAL YEAR END: 1231
FILING VALUES:
FORM TYPE: 25-NSE
SEC ACT: 1934 Act
SEC FILE NUMBER: 001-14798
FILM NUMBER: 161933213
BUSINESS ADDRESS:
STREET 1: 2140 NORTH MIAMI AVENUE
CITY: MIAMI
STATE: FL
ZIP: 33127
BUSINESS PHONE: 305-324-2300
MAIL ADDRESS:
STREET 1: 2140 NORTH MIAMI AVENUE
CITY: MIAMI
STATE: FL
ZIP: 33127
FORMER COMPANY:
FORMER CONFORMED NAME: IVAX DIAGNOSTICS INC
DATE OF NAME CHANGE: 20010404
FORMER COMPANY:
FORMER CONFORMED NAME: B2BSTORES COM INC
DATE OF NAME CHANGE: 19990928
FILED BY:
COMPANY DATA:
COMPANY CONFORMED NAME: NYSE MKT LLC
CENTRAL INDEX KEY: 0001143313
IRS NUMBER: 522127241
FILING VALUES:
FORM TYPE: 25-NSE
BUSINESS ADDRESS:
STREET 1: 20 BROAD STREET, 17TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10005
BUSINESS PHONE: 212-656-5024
MAIL ADDRESS:
STREET 1: 20 BROAD STREET, 17TH FLOOR
CITY: NEW YORK
STATE: NY
ZIP: 10005
FORMER COMPANY:
FORMER CONFORMED NAME: NYSE Amex
DATE OF NAME CHANGE: 20090402
FORMER COMPANY:
FORMER CONFORMED NAME: NYSE Alternext US LLC
DATE OF NAME CHANGE: 20081009
FORMER COMPANY:
FORMER CONFORMED NAME: AMERICAN STOCK EXCHANGE LLC
DATE OF NAME CHANGE: 20010620
25-NSE
1
primary_doc.xml
X0203
0001143313
NYSE MKT LLC
1095858
ERBA Diagnostics, Inc.
001-14798
2140 North Miami Avenue
Miami
FL
FLORIDA
33127
305-324-2300
Common Stock Par Value $.01
17 CFR 240.12d2-2(b)
Benjamin Sawyer
Manager
2016-10-12
EX-99.25
2
ruleprovisionnotice.htm
NOTIFICATION OF THE REMOVAL FROM LISTING AND REGISTRATION OF THE STATED SECURITIES
NYSE MKT LLC (the 'Exchange' or 'NYSE MKT') hereby notifies the Securities and Exchange Commission ('SEC') of its intention to remove the entire class of Common Stock (the 'Common Stock') of ERBA Diagnostics, Inc. (the 'Company') from listing and registration on the Exchange on October 24, 2016 pursuant to the provisions of Rule 12d2-2(b), because, in the opinion of the Exchange, the Common Stock is no longer suitable for continued listing and trading on the Exchange.
The Exchange is taking this action because the Company had not filed with the U.S. Securities and Exchange Commission its December 31, 2015 Form 10-K and Form 10-Q filings for September 30, 2015, March 31, 2016 and June 30, 2016 within the required timeframe.
1. Section 134 and 1101 of the NYSE MKT Company Guide (the 'Company Guide') states, in part, that an issuer having securities listed on the Exchange is required to file with the Exchange all reports and other documents filed or required to be filed with the SEC.
2. The Exchange, on September 29, 2016, determined that the Common Stock should be immediately suspended from trading and directed the preparation and filing with the Commission of this application for the removal of the Common Stock from listing and registration on the Exchange. The Company was notified by phone on September 29, 2016 and by letter on September 30, 2016.
3. Pursuant to the above authorization, a press release was issued on September 29, 2016. In addition, an announcement was made on the 'ticker' of the Exchange at the close of the trading session on September 29, 2016 of the proposed suspension of trading in the Common Stock. Similar information was included on the Exchange's website.
4. Pursuant to Sections 1009(d) and 1203 of the Company Guide, the Company had a right to appeal to a Listings Qualification Panel (the 'Panel') the determination to delist the Common Stock, provided that it filed a written request for such a review with the Office of the General Counsel of the Exchange within seven calendar days of receiving notice of the delisting determination. The Company did not file such request within the specified time period. Consequently, all conditions precedent under SEC Rule 12d2-2(b) to the filing of this application have been satisfied.