Apyx Medical Corp — Regulatory Filings 2007

Dec 14, 2007

S-8 1 v097102_s8-a.htm Unassociated Document Licensed to: vintage Document Created using EDGARizer HTML 3.0.4.0 Copyright 2006 EDGARfilings, Ltd., an IEC company. All rights reserved EDGARfilings.com

Registration No. _____

As filed with the Securities and Exchange Commission on May 1, 2006

SECURITIES AND EXCHANGE COMMISSION

Washington D.C. 20549

FORM S-8

REGISTRATION STATEMENT

Under

THE SECURITIES ACT OF 1933

BOVIE MEDICAL CORPORATION

(Exact name of registrant as specified in its charter)

| Delaware | No.
11-2644611 |
| --- | --- |
| (State
or other jurisdication of Incorporation or Organization | (IRS
- Employer Identification No.) |

734 Walt Whitman Rd.,

Melville, New York 11747

(516) 421-5452

(Address, including zip code, and telephone number,

including area code, or registrant's principal executive offices)

BOVIE MEDICAL CORPORATION

2003 KEY SERVICES STOCK OPTION PLAN

(Full title of plan)

Andrew Makrides

President

Bovie Medical Corporation

734 Walt Whitman Road

Melville, NY 11747

(Name and address, including zip code, and telephone

number, including area code, of agent for service)

Copies to:

Alfred V. Greco, Esq.

SIERCHIO GRECO & GRECO, LLP

720 Fifth Avenue, Suite 1301

New York, New York 10019

Tel: 212-246-3030

Fax: 212-246-2225

(Registration Statement cover page continued)

CALCULATION OF REGISTRATION FEE

		Proposed — Maximum	Proposed — Maximum
Title
of Each		Offering	Aggregate	Amount
of
Class
of	Amount
to be	Price
Per	Offering	Registration
Be
registered	Registered
(1)	Share
(1)	Price
(1)	Fee
Common
Stock, Par value $.001 per share
(2)	500,000	$ 6.50	$ 3,500,000	$ 99.78

(1) Estimated solely for the purpose of calculating the registration fee.

(2) The shares registered pursuant to this Registration Statement are available for grant as of the date of this Registration Statement under the registrant’s 2003 Key Services Stock Option Plan and available for issuance pursuant to certain stock options the forms of which are attached as exhibits to this Registration Statement.

(3) Pursuant to General Instruction E, the registration fee paid in connection herewith is based on the maximum aggregate price at which securities covered by this registration statement are proposed to be offered.

STATEMENT

The purpose of this filing is to add 500,000 additional shares of common stock of Bovie Medical Corporation to be covered by our Form S-8 Registration Statement Number 333-134060, originally filed with the Securities and Exchange Commission on May 12, 2006, the contents of which are incorporated herein by reference.

SIGNATURES

Pursuant to the requirements of the Securities Act of 1933, the Registrant certifies that it has reasonable grounds to believe that it meets all of the requirements for filing on Form S-8 and has duly caused this Registration Statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the town of Melville, New York, on this 13th day of December, 2007.

Bovie Medical Corporation

By /S/ Andrew Makrides

Andrew Makrides, Principal Executive Officer

Pursuant to the requirements of the Securities Act of 1933, this Registration statement has been signed by the following persons in the capacities and on the dates indicated.

| Signature | Capacity
in Which Signed | Date |
| --- | --- | --- |
| /S/
Andrew Makrides | President,
Director, | November
15, 2007 |
| Andrew
Makrides | Principal
Executive Officer | |
| /S/
Gary Picket | Chief
Financial Officer and | November
15, 2007 |
| Gary
Pickett | Principal
Accounting Officer | |
| Robert
J. Saron | Director | November
, 2007 |
| /S/
George Kromer | | |
| George
Kromer | Director | November
15, 2007 |
| /S/
Brian Madden | | |
| Brian
Madden | Director | November
16, 2007 |
| /S/
Michael Norman | | |
| Michael
Norman | Director | November
15, 2007 |
| /S/
Randy Rossi | | |
| Randy
D. Rossi | Director | November
19, 2007 |
| August
Lentricchia | Director | November
, 2007 |

EXHIBIT INDEX

| Sequentially
Document Numbered Page | Description
of Document |
| --- | --- |
| 5.1 | Opinion
of Sierchio Greco & Greco, LLP |
| 23.1 | Consent
of Sierchio Greco & Greco, LLP |
| | (contained
in opinion) |
| 23.2 | Consent
of Bloom & Company |