2003-05-30
Added · Updated
The Division of Corporation Finance will not raise any objection if ISE Labs, Inc. does not comply with the Section 12(g) registration requirements for options granted under its 1997 Stock Option/Stock Issuance Plan. This relief applies to the period beginning July 10, 2002, and remains in effect until the Company becomes subject to Exchange Act registration or reporting requirements for any other class of its securities. The position is based on the Company's representations and undertakings to amend its bylaws and Plan to impose transfer restrictions on shares acquired upon option exercise and to limit stock awards to consultants meeting Rule 701 requirements.
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Securities Exchange Act of 1934 - Section 12(g)
June 2, 2003 Response of the Office of Chief Counsel
Division of Corporation Finance
ISE Labs, Inc. (the "Company") Incoming letter dated May 30, 2003
Based on the facts presented, the Division will not raise any objection if the Company does not comply with the registration requirements of Section 12(g) of the Securities Exchange Act of 1934 (the "Exchange Act"), which arose at the end of the Company's 2000 fiscal year, with respect to options granted and to be granted pursuant to the Company's 1997 Stock Option/Stock Issuance Plan in the manner and subject to the terms and conditions set forth in your letter. This position applies to the period beginning July 10, 2002 and will remain in effect until the Company otherwise becomes subject to the Exchange Act registration or reporting requirements with respect to any other class of its securities. This position is based on the representations made to the Division in your letter. Any different facts or conditions might require the Division to reach a different conclusion. Further, this response only represents the Division's position on enforcement and does not purport to express any legal conclusion on the question presented.
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