SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
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SCHEDULE 13D
(Rule l3d-101)
INFORMATION TO BE INCLUDED IN STATEMENTS FILED PURSUANT
TO RULE 13d-1(a) AND AMENDMENTS THERETO FILED PURSUANT TO
RULE l3d-2(a)
(Amendment No. )*
SYMS CORP
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(Name of Issuer)
COMMON STOCK, $.05 PAR VALUE
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(Title of Class of Securities)
871551107
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(CUSIP Number)
MARCY SYMS
c/o SYMS CORP
ONE SYMS WAY
SECAUCUS, NEW JERSEY 07094
TEL. NO.: (201) 902-9600
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(Name, Address and Telephone Number of Person
Authorized to Receive Notices and Communications)
OCTOBER 2, 1998
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(Date of Event Which Requires Filing of This Statement)
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If the filing person has previously filed a statement on Schedule 13G to report
the acquisition that is the subject of this Schedule 13D, and is filing this
schedule because of Rule 13d-1(e), 13d-l(f) or 13d-1(g), check the following
box [ ]
Note. Schedules filed in paper format shall include a signed original and
five copies of the schedule, including all exhibits. See Rule 13d-7(b) for other
parties to whom copies are to be sent.
* The remainder of this cover page shall be filled out for a reporting
person's initial filing on this form with respect to the subject class of
securities, and for any subsequent amendment containing information which would
alter disclosures provided in a prior cover page.
The information required on the remainder of this cover page shall not be
deemed to be "filed" for the purpose of Section 18 of the Securities Exchange
Act of 1934 (the "Act") or otherwise subject to the liabilities of that section
of the Act but shall be subject to all other provisions of the Act (however, see
the Notes).
Page 1 of 4 Pages
<PAGE>
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CUSIP NO. 871551107 13D PAGE 2 OF 4 PAGES
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1 NAME OF REPORTING PERSONS
S.S. OR I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY)
Marcy Syms
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2 CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* (a) [ ]
(b) [ ]
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3 SEC USE ONLY
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4 SOURCE OF FUNDS*
Not applicable. See Item 3
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5 CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO
ITEM 2(d) or 2(e) [ ]
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6 CITIZENSHIP OR PLACE OF ORGANIZATION
United States
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7 SOLE VOTING POWER
869,575
NUMBER OF ----- -------------------------------------------
SHARES 8 SHARED VOTING POWER
BENEFICIALLY 464,145
OWNED BY ----- -------------------------------------------
EACH 9 SOLE DISPOSITIVE POWER
REPORTING 869,575
PERSON WITH ----- -------------------------------------------
10 SHARED DISPOSITIVE POWER
464,145
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11 AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
1,333,720
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12 CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES
CERTAIN SHARES* [ ]
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13 PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
8.1%
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14 TYPE OF REPORTING PERSON*
IN
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*SEE INSTRUCTIONS BEFORE FILLING OUT
<PAGE>
ITEM 1. SECURITY AND ISSUER.
This statement relates to the Common Stock, par value $.05 per share (the
"Common Stock"), of Syms Corp, a New Jersey corporation (the "Company"), with
its principal executive offices at One Syms Way, Secaucus, New Jersey 07094.
ITEM 2. IDENTITY AND BACKGROUND.
(a) This statement is being filed by Marcy Syms.
(b) Ms. Syms' business address is c/o Syms Corp, One Syms Way, Secaucus,
New Jersey 07094.
(c) Ms. Syms is the Chief Executive Officer/President of the Company.
(d) and (e) During the last five years, Ms. Syms has not been convicted in
a criminal proceeding (excluding traffic violations or similar misdemeanors) or
been a party to a civil proceeding of a judicial or administrative body of
competent jurisdiction and as a result of such proceeding was or is subject to a
judgment, decree or final order enjoining future violations of, or prohibiting
or mandating activities subject to, federal or state securities laws or finding
any violation with respect to such laws.
(f) Ms. Syms is a citizen of the United States of America.
ITEM 3. SOURCE AND AMOUNT OF FUNDS OR OTHER CONSIDERATION.
Ms. Syms acquired 1,333,720 shares of Common Stock of which (i) 557,075
shares were a gift to her from the Syms Voting Trust on January 24, 1995; and
(ii) 312,500 shares are unexercised options granted under the Company's Amended
and Restated Incentive Stock Option and Appreciation Plan on or prior to October
2, 1998. With respect to the remaining 464,145 shares, such shares are held by
the Estate of Stephen A. Merns as to which Marcy Syms is a Co-Executor and
Co-Trustee.
ITEM 4. PURPOSE OF TRANSACTION.
Ms. Syms has been the President and a Director of the Company since 1983,
Chief Operating Officer of the Company since 1984 and Chief Executive
Officer/President since 1998. Ms. Syms has no current plans or proposals with
respect to any of the items described in (a) through (j) of Item 4 and her
ownership of such shares is held as an investment.
ITEM 5. INTEREST IN SECURITIES OF THE ISSUER
(a) and (b) Ms. Syms is the beneficial owner of an aggregate of
1,333,720 shares (8.1%) of Common Stock, of which 312,500 shares of Common Stock
are issuable upon exercise of options which are currently exercisable. Of such
1,333,720 shares of Common Stock, (i) Ms. Syms is the direct beneficial owner of
869,575 shares of Common Stock (which amount includes her options to purchase
312,500 shares of Common Stock) over which she has the sole voting and
dispositive power, and (ii) 464,145 shares are held by the Estate of Stephen A.
Merns, of which Marcy Syms is an indirect beneficial owner and as Co-Executor
and Co-Trustee, shares voting and dispositive power with Karen Merns.
(c) On October 2, 1998, options to purchase 200,000 shares of Common Stock
at $10.6875 per share were granted to Ms. Syms under the Company's Amended and
Restated Incentive Stock Option and Appreciation Plan.
On January 15, 1999, Ms. Syms and Karen Merns were appointed by the State
of New York Preliminary Co-Executor of the Estate of Stephen A. Merns which held
630,775 shares of Common Stock.
On May 21, 1999, May 24, 1999 and May 25, 1999, a total of 166,630 shares
of Common Stock from the Estate of Stephen A. Merns were sold for a total of
approximately $1,313,905 without registration pursuant to the Securities Act of
1933, as amended.
(d) and (e) Not applicable.
Page 3 of 4 Pages
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ITEM 6. CONTRACTS, ARRANGEMENTS, UNDERSTANDINGS OR RELATIONSHIPS WITH RESPECT TO
SECURITIES OF THE ISSUER
Not Applicable
ITEM 7. MATERIAL TO BE FILED AS EXHIBITS
Not Applicable
SIGNATURE
After reasonable inquiry and to the best of my knowledge and belief, I
certify that the information set forth in this statement is true, complete and
correct.
Dated: July__, 1999
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Marcy Syms
Page 4 of 4 Pages
