Notice of Termination of a Foreign Private Issuer's Registration of a Class of Securities Under Section 12(b) (15f-12b)
22 Dezembro 2016 - 4:44PM
Edgar (US Regulatory)
UNITED
STATES
SECURITIES AND
EXCHANGE COMMISSION
Washington, D.C.
20549
FORM
15F
CERTIFICATION
OF A FOREIGN PRIVATE ISSUER’S TERMINATION OF REGISTRATION OF
A CLASS OF SECURITIES UNDER SECTION 12(g) OF THE SECURITIES
EXCHANGE ACT OF 1934 OR ITS TERMINATION OF THE DUTY TO FILE REPORTS
UNDER SECTION 13(a) OR SECTION 15(d) OF THE SECURITIES EXCHANGE ACT
OF 1934
Commission File
Number 001-34486
Aviva plc
(Exact
name of registrant as specified in its charter)
St Helen’s, 1 Undershaft
London, EC3P 3DQ
United Kingdom
Telephone number: +44 207 283 2000
(Address, including
zip code, and telephone number, including area code, of
registrant’s principal executive offices)
American Depositary Shares (as evidenced by American Depositary
Receipts) each representing two ordinary shares
Ordinary shares of par value £0.25 each
(Title
of each class of securities covered by this Form)
Place
an X in the appropriate box(es) to indicate the provision(s) relied
upon to terminate the duty to file reports under the Securities
Exchange Act of 1934:
|
Rule
12h-6(d)
|
(for
equity securities)
|
(for
successor registrants)
|
Rule
12h-6(c)
|
Rule
12h-6(i)
|
(for
debt securities)
|
(for
prior Form 15 filers)
|
Item
1. Exchange Act Reporting History
A.
Aviva plc (the
“
Company
”) first incurred
the duty to file reports under section 13(a) or section 15(d) of
the Securities Exchange Act of 1934 (the “
Exchange Act
”) as a
result of being certified to be listed on the New York Stock
Exchange (the “
NYSE
”) on October 6,
2009, and filing a registration statement on Form 20-F (Commission
File No. 333-153999) on October 7, 2009 with the Securities and
Exchange Commission (the “
Commission
”). The
Company’s American Depositary Shares (“
ADSs
”) were registered on
Form F-6 (Commission File No. 333-162499) declared effective by the
Commission on October 16, 2009.
B.
The Company has
filed or submitted all reports required under section 13(a) and
15(d) of the Exchange Act and corresponding Commission rules for
the 12 months preceding the filing of this Form and has filed at
least one annual report under section 13(a).
Item
2. Recent United States Market Activity
The
Company’s securities were last sold in the United States in a
registered offering under the Securities Act of 1933 on 22 November
2011 ($400,000,000 8.25% Capital Securities due 2041 (the
“Capital Securities”)). The Capital Securities were
sold under the Company’s automatic shelf registration
statement on Form F-3 (Commission File No. 333-178006) filed with
the Commission on November 16, 2011. The Capital Securities were
redeemed in full on December 1, 2016.
Item
3. Foreign Listing and Primary Trading Market
A.
The Company
maintains a listing of its ordinary shares on the London Stock
Exchange (the “
LSE
”) in the United
Kingdom, which constitutes the primary trading market for the
ordinary shares. The ADSs are not listed on any exchange outside
the United States.
B.
The Company’s
ordinary shares have been listed for trading on the LSE since June
4, 1990. The Company has maintained a listing of its ordinary
shares for at least the 12 months preceding the filing of this
form.
C.
The percentage of
trading in the Company’s ordinary shares that occurred in the
United Kingdom as of the 12-month period ending December 7, 2016 is
97.7%.
Item
4. Comparative Trading Volume Data
A.
The first date of
the recent 12-month period used to meet the requirements of Rule
12h-6(a)(4)(i) is December 4, 2015 and the last date of such period
is December 3, 2016.
B.
The average daily
trading volume of the ordinary shares and ADSs (expressed in terms
of the underlying ordinary shares) in the United States and
worldwide for the period described in Item 4.A was 190,000 ordinary
shares and 8,431,000 ordinary shares, respectively.
C.
For the same
12-month period, the average daily trading volume of the
Company’s ordinary shares in the United States represented
approximately 2.3% as a percentage of the average daily trading
volume for that class of securities on a worldwide
basis.
D.
The Company’s
ADSs will be delisted from the New York Stock Exchange following
the close of trading on December 22, 2016.
E.
The Company has not
terminated a sponsored American depositary receipt facility
regarding the ordinary shares.
F.
The source of the
trading volume information used for determining whether the Company
meets the requirements of Rule 12h-6 is Bloomberg, both for its
ordinary shares traded on the LSE and for its ADSs and ordinary
shares traded in the United States.
Item
5. Alternative Record Holder Information
Not
applicable.
Item
6. Debt Securities
Not
applicable.
Item
7. Notice Requirement
A.
The Company issued
an announcement on December 1, 2016 disclosing its intent to
deregister and terminate its duty to file reports under section
13(a) and 15(d) of the Exchange Act.
B.
The announcement
was disseminated by the LSE’s regulatory news services
typically used by the Company to publish its regulatory and
financial communications and was also distributed to the NYSE. In
addition, the announcement was posted on the Company’s
website and submitted to the Commission on Form 6-K on December 1,
2016.
Item
8. Prior Form 15 Filers
Not
applicable.
PART
II
Item
9. Rule 12g3-2(b) Exemption
The
Company will publish the information required by Rule
12g3-2(b)(1)(iii) on the “investor relations” pages of
its web site www.aviva.com.
PART
III
Item
10. Exhibits
None.
Item
11. Undertakings
The
undersigned issuer hereby undertakes to withdraw this Form 15F if,
at any time before the effectiveness of its termination of
reporting under Rule 12h-6, it has actual knowledge of information
that causes it reasonably to believe that, at the time of filing
the Form 15F:
(1) The
average daily trading volume of its subject class of securities in
the United States exceeded 5 percent of the average daily trading
volume of that class of securities on a worldwide basis for the
same recent 12-month period that the issuer used for purposes of
Rule 12h-6(a)(4)(i);
(2) Its
subject class of securities was held of record by 300 or more
United States residents or 300 or more persons worldwide, if
proceeding under Rule 12h-6(a)(4)(ii) or Rule 12h-6(c);
or
(3) It
otherwise did not qualify for termination of its Exchange Act
reporting obligations under Rule 12h-6.
Signature
Pursuant to the
requirements of the Securities Exchange Act of 1934, Aviva plc has
duly authorized the undersigned person to sign on its behalf this
certification on Form 15F. In so doing, Aviva plc certifies that,
as represented on this Form, it has complied with all of the
conditions set forth in Rule 12h-6 for terminating its registration
under section 12(g) of the Exchange Act, or its duty to file
reports under section 13(a) or section 15(d) of the Exchange Act,
or both.
Date:
December 22, 2016
AVIVA
PLC
By:_
/s/ Kirstine
Cooper
______________________
Name:
Kirstine Cooper
Title:
Group General Counsel & Company Secretary
Aviva (PK) (USOTC:AIVAF)
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