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SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Form 8-A
FOR REGISTRATION OF CERTAIN CLASSES OF SECURITIES
PURSUANT TO SECTION 12(b) OR (g) OF THE
SECURITIES EXCHANGE ACT OF 1934
ACTUATE SOFTWARE CORPORATION
(Exact Name of Registrant as Specified in Its Charter)
Delaware 94-3193197
(STATE OF (I.R.S. EMPLOYER
INCORPORATION OR ORGANIZATION) IDENTIFICATION NUMBER)
999 Baker Way, Suite 270
San Mateo, California 94404
(ADDRESS OF PRINCIPAL EXECUTIVE OFFICES) (ZIP CODE)
If this form relates to the If this form relates to the
registration of a class of registration of a class of
securities pursuant to Section securities pursuant to Section
12(b) of the Exchange Act and 12(g) of the Exchange Act and
is effective pursuant to is effective pursuant to
General Instruction A.(c), General Instruction A.(d),
please check the following box. [_] please check the following box. [X]
SECURITIES ACT REGISTRATION STATEMENT FILE NUMBER TO WHICH THIS FORM RELATES:
333-55741
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(If applicable)
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
Not Applicable Not Applicable
SECURITIES TO BE REGISTERED PURSUANT TO SECTION 12(g) OF THE ACT:
COMMON STOCK, $0.001 PAR VALUE
(Title of class)
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ITEM 1. Description of Registrant's Securities to be Registered.
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Incorporated herein by reference to the Description of Capital Stock
section of the Company's Registration Statement on Form S-1 (File No.
333-55741).
ITEM 2 Exhibits.
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EXHIBIT
NUMBER DESCRIPTION
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1.1 Specimen of Common Stock Certificate -- incorporated herein by
reference to Exhibit 4.2 to the Company's Registration Statement on
Form S-1 (File No. 333-55741).
2.1 Articles of Incorporation of Registrant -- incorporated herein by
reference to Exhibit 3.1 to the Company's Registration Statement on
Form S-1 (File No. 333-55741).
2.2 Form of Amended and Restated Certificate of Incorporation of
Registrant to be filed upon the closing of the reincorporation of
the Registrant in Delaware --incorporated herein by reference to
Exhibit 3.2 to the Company's Registration Statement on Form S-1
(File No. 333-55741).
2.3 Form of Restated Certificate of Incorporation of Registration to be
filed upon the closing of the Registrant's initial public offering
-- incorporated herein by reference to Exhibit 3.3 to the Company's
Registration Statement on Form S-1 (File No. 333-55741).
2.4 Bylaws of Registrant -- incorporated herein by reference to Exhibit
3.4 to the Company's Registration Statement on Form S-1 (File No.
333-55741).
2.5 Form of Amended and Restated Bylaws of Registrant to be effective
upon the closing of the reincorporation of the Registrant in
Delaware -- incorporated herein by reference to Exhibit 3.5 to the
Company's Registration Statement on Form S-1 (File No. 333-55741).
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SIGNATURE
Pursuant to the requirements of Section 12 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.
ACTUATE SOFTWARE CORPORATION
Date: July 9, 1998 By: /s/ Daniel A. Gaudreau
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Daniel A. Gaudreau
Chief Financial Officer