Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Securities and Exchange Commission

                    Maxim Pharmaceuticals, Inc. (“Company”) has filed an application with the Securities and Exchange Commission (“Commission”), pursuant to Section 12(d) of the Securities Exchange Act of 1934 (“Act”) [1]                                          and Rule 12d2-2(d) thereunder,[2]                                          to withdraw the securities described above (“Securities”) from listing and registration on the American Stock Exchange LLC (“Amex”) and under Section 12(b) of the Act.[3] 

                    The Company, whose business is biotechnology, has undertaken to transfer trading in its Securities from the Amex to the National Market of the Nasdaq Stock Market, Inc. (“Nasdaq”), which it considers to be the preeminent marketplace for the securities of biotechnology companies. The Company has registered its Securities pursuant to Section 12(g) of the Act [4]                                          by filing a Registration Statement on Form 8-A with the Commission on April 26, 2000. The Securities subsequently became designated for quotation and began trading on the Nasdaq National Market, and were simultaneously suspended from trading on the Amex, on April 27, 2000. In making the determination to withdraw its Securities from listing and registration on the Amex in conjunction with the commencement of trading on the Nasdaq, the Company hopes to avoid both the costs of maintaining dual listings and potential fragmentation of the market for its Securities.                

The Company has stated that it has complied with the Rules of the Amex governing the withdrawal of its Securities from listing and registration on the Exchange, and that the Amex in turn has indicated that it will not oppose such withdrawal.

                    The Company's application relates solely to the withdrawal of the Securities from listing and registration on the Amex and shall have no effect upon the Securities' designation for quotation and trading on the Nasdaq National Market and registration under Section 12(g) of the Act.[5] 

Any interested person may, on or before May 23, 2000, submit by letter to the Secretary of the Securities and Exchange Commission, 450 Fifth Street, N.W., Washington, D.C. 20549-0609, facts bearing upon whether the application has been made in accordance with the rules of the Amex and what terms, if any, should be imposed by the Commission for the protection of investors. The Commission, based on the information submitted to it, will issue an order granting the application after the date mentioned above, unless the Commission determines to order a hearing on the matter.

                        For the Commission, by the Division of Market Regulation, pursuant to delegated authority.[6] 

Jonathan G. Katz,

Secretary.

# Footnotes

1.                             15 U.S.C. 78*l*                        (d).                    
        Back to Citation      

2.                             17 CFR 240.12d2-2(d).                    
        Back to Citation      

3.                             15 U.S.C. 78*l*                        (b).                    
        Back to Citation      

4.                             15 U.S.C. 78*l*                        (g).                    
        Back to Citation      

5.                                                     *Id.*
        Back to Citation      

6.                             17 CFR 200.30-3(a)(1).                    
        Back to Citation      

[FR Doc. 00-11401 Filed 5-5-00; 8:45 am]

BILLING CODE 8010-01-M