Opexa Therapeutics, Inc. – ‘8-A12B/A’ on 8/30/06

On:  Wednesday, 8/30/06, at 5:40pm ET   ·   As of:  8/31/06   ·   Accession #:  1157523-6-8841   ·   File #:  1-33004

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Amendment to Registration of a Class of Securities   —   Form 8-A
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: 8-A12B/A    Opexa Therapeutics, Inc. 8-A12B/A                      2     11K 

Document Table of Contents

8-A12B/A
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 UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549

 FORM 8-A12B/A

 FOR REGISTRATION OF CERTAIN CLASSES OF SECURITIES
 PURSUANT TO SECTION 12(b) OR (g) OF THE
 SECURITIES EXCHANGE ACT OF 1934

Opexa Therapeutics, Inc.
------------------------------------------------------------------------------- 
(Exact name of registrant as specified in its charter)

       Texas                                      76-0333165
--------------------------------------------------------------------------------
 (State of incorporation or organization)   (I.R.S. Employer Identification No.)

2635 N. Crescent Ridge Drive                         The Woodlands, TX 77381  
--------------------------------------------------------------------------------
(Address of principal executive offices)                      (Zip Code)      

Securities to be registered pursuant to Section 12(b) of the Act:               

               Title of each class            Name of each exchange on which
               to be so registered.          each class is to be registered.

      Common Stock, par value $0.50          NASDAQ Stock Market LLC

If this form relates to the  registration  of a class of securities  pursuant to
Section  12(b)  of  the  Exchange  Act  and is  effective  pursuant  to  General
Instruction A.(c), check the following box. [X]                                 

If this form relates to the  registration  of a class of securities  pursuant to
Section  12(g)  of  the  Exchange  Act  and is  effective  pursuant  to  General
Instruction A.(d), check the following box. [ ]                                 

Securities  Act  registration  statement file number to which this form relates:
Not Applicable.                                                                 

Securities  to  be  registered  pursuant  to  Section  12(g)  of  the  Act:  Not
Applicable.                                                                     

8-A12B/A
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INFORMATION REQUIRED IN REGISTRATION STATEMENT

Item 1. Description of Registrant's Securities to be Registered.                

     The following is a description of the capital stock of the Company.

Common Stock                                                                    

    We are authorized to issue 100,000,000 shares of common stock, par
value $0.50 per share. As of August 28, 2006, there were 6,696,784 shares of    
common stock issued and outstanding. Each share of common stock is entitled to  
one vote per share for the election of directors and on all other matters       
submitted to a vote of stockholders. There are no cumulative voting rights.     
Common stockholders do not have preemptive rights or other rights to subscribe  
for additional shares, and the common stock is not subject to conversion or     
redemption. In the event of liquidation, the holders of common stock will share 
equally in any balance of corporate assets available for distribution to them.  
Subject to the rights of holders of the any other securities subsequently       
issued, holders of the common stock are entitled to receive dividends when and  
as declared by our Board of Directors out of funds legally available. We have   
not paid any dividends since its inception and have no intention to pay any     
dividends in the foreseeable future. Any future dividends would be subject to   
the discretion of the Board of Directors and would depend on, among other       
things, our future earnings, the operating and financial condition, our capital 
requirements, and general business conditions.                                  

Preferred Stock                                                                 

         We are authorized to issue 10,000,000 shares of preferred stock, no par
value per share. As of August 28, 2006, no shares of preferred stock are issued 
and outstanding. Our Board of Directors can, without approval of our            
stockholders, issue one or more series of preferred stock. If we offer preferred
stock, our Board of Directors will determine the number of shares and the       
rights, preferences and limitations of each series. These rights, preferences   
and limitations may include specific designations, number of shares, liquidation
value, dividend rights, liquidation and redemption rights, voting rights,       
preferences and limitations of each series. These rights, preferences and       
limitations may include specific designations, number of shares, liquidation    
value, dividend rights, liquidation and redemption rights, voting rights, other 
rights, including conversion or exchange rights, if any, and any other specific 
terms.                                                                          

Item 2. Exhibits.                                                               

None.                                                         

 SIGNATURE

       Pursuant to the requirements of Section l2 of the Securities Exchange
Act of 1934, the registrant has duly caused this registration statement to be   
signed on its behalf by the undersigned, thereto duly authorized.               

Opexa Therapeutics, Inc.                                                        

Dated: August 30, 2006                                                          

By: /s/Lynne Hohlfeld                                                           
----------------------------------------------                                  
Lynne Hohlfeld, Chief Financial Officer                           

Dates Referenced Herein   and   Documents Incorporated by Reference

				Referenced-On Page
This ‘8-A12B/A’ Filing		Date		First		Last			Other Filings
Filed as of:		8/31/06
Filed on:		8/30/06		2					8-A12B
		8/28/06		2
									List all Filings

9 Subsequent Filings that Reference this Filing

  As Of               Filer                 Filing    For·On·As Docs:Size             Issuer                      Filing Agent

 4/27/23  Acer Therapeutics Inc.            424B2                  1:391K                                   Donnelley … Solutions/FA
 3/23/23  Acer Therapeutics Inc.            424B5                  1:460K                                   Donnelley … Solutions/FA
 2/07/23  Acer Therapeutics Inc.            424B2                  1:403K                                   Donnelley … Solutions/FA
 5/17/22  Acer Therapeutics Inc.            424B2                  1:392K                                   Donnelley … Solutions/FA
 5/03/22  Acer Therapeutics Inc.            424B3                  1:220K                                   Donnelley … Solutions/FA
 4/28/22  Acer Therapeutics Inc.            S-3/A                  2:272K                                   Donnelley … Solutions/FA
 4/19/22  Acer Therapeutics Inc.            S-3                    4:299K                                   Donnelley … Solutions/FA
12/14/21  Acer Therapeutics Inc.            424B2                  1:345K                                   Donnelley … Solutions/FA
 3/03/21  Acer Therapeutics Inc.            424B2                  1:427K                                   Donnelley … Solutions/FA