Company Name: NYSE Group, Inc. (Recon.)
Public Availability Date: May 30, 2007
Document Sections:
INQUIRY LETTER
STAFF REPLY LETTER
[INQUIRY LETTER]
February 21, 2007
Chris Cox
Chairman
SEC
100 First Street, NE
Washington, DC 20549
Dear Chris:
I was astonished to say the least that the SEC staff upheld the NYSE GROUP
request for a NO ACTION letter re my reasonable resolution asking for
shareholders to receive a PAPER STOCK CERTIFICATE only UPON REQUEST and upon
payment of a reasonable fee if so requested. Why can the shareholders NOT vote
upon this. HOW can the SEC uphold their notion of "ordinary business" when the
FULL COMMISSION in December 06 at the OPEN MEETING (which I attended)
UNANIMOUSLY voted for shareholders being able to receive a PAPER PROXY upon
request. This is a PARALLEL issue to the PAPER STOCK CERTIFICATE. Many
shareholders do wish to receive a PAPER STOCK CERTIFICATE And of course, those
who wish to continue to receive book entry can do so, but shareholders SHOULD
HAVEA CHOICE.
I am hereby asking for a review by the FULL COMMISSION on my reasonable
resolution to request a paper stock certificate upon payment of a reasonable
fee. Why this double standard for parallel issues: paper proxies and paper stock
certificates? Please let me know as soon as possible.
Sincerely,
/s/
Mrs. Evelyn Y. Davis
P. S. FEDERATED DEPARTMENT STORES ADOPTED this identical proposal, so I withdrew
my proposal.
[STAFF REPLY LETTER]
May 30, 2007
Evelyn Y. Davis
Watergate Office Building - Suite 215
2600 Virginia Ave., N.W.
Washington, DC 20037
Dear Ms. Davis:
This is in response to your letter of February 21, 2007 requesting that the
Commission review the position of the Division of Corporation Finance with
respect to the application of Rule 14a-8(i)(7) under the Securities Exchange Act
of 1934 to a proposal submitted to NYSE Group, Inc. by you. The proposal
recommended that the board of directors of NYSE Group take the necessary steps
to issue a stock certificate of ownership of NYSE Group shares to any
shareholders who request it and upon payment of a reasonable fee.
Pursuant to 17 C.F.R. 202.1(d), the Division presented the matter to the
Commission for review. The Commission has determined not to review the
Division's no-action position under Rule 14a-8(i)(7).
Sincerely,
/s/
Nancy M. Morris
Secretary
cc: Cornelius M. Courtney
Associate General Counsel
Office of the General Counsel
NYSE Group, Inc.
11 Wall Street
New York, NY 10005
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