UNITED STATES
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
BERKSHIRE INCOME REALTY, INC.
(Exact name of registrant as specified in its charter)
MARYLAND 32-0024337
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(State or other jurisdiction of (I.R.S. Employer
incorporation or organization) Identification No.)
ONE BEACON STREET, SUITE 1500, BOSTON, MA 02108
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(Address of principal executive offices) (Zip Code)
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 file number to which this form relates (if
applicable): 333-98571
Securities to be registered pursuant to Section 12(b) of the Act:
Title of each class Name of each exchange on which
to be registered each class is to be registered
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9% Series A Cumulative Redeemable American Stock Exchange
Preferred Stock, par value $.01 per share
Securities to be registered pursuant to Section 12(g) of the Act: None
INFORMATION REQUIRED IN REGISTRATION STATEMENT
ITEM 1. DESCRIPTION OF REGISTRANT'S SECURITIES TO BE REGISTERED.
The information required by this Item 1 is incorporated by
reference to the information set forth under "Description of the Preferred
Shares" in the Registrant's Registration Statement on Form S-11 (File No.
333-98571) under the Securities Act of 1933, as amended, as filed with the
Securities and Exchange Commission on August 22, 2002, and amended on each of
November 6, 2002, December 6, 2002 and January 8, 2003 (the "Registration
Statement"). Such information also appears in the Registrant's prospectus that
forms a part of the Registration Statement, and such prospectus, as supplemented
from time to time, is hereby incorporated by reference.
ITEM 2. EXHIBITS.
All of the following exhibits have been filed as exhibits to
the Registration Statement, and are hereby incorporated by reference.
EXHIBIT NUMBER DESCRIPTION OF EXHIBIT
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3.1 Form of Articles of Amendment and Restatement
of the Registrant (incorporated by reference
to exhibit 3.1 of the Registration Statement).
3.2 By-laws of the Registrant (incorporated by
reference to exhibit 3.2 of the Registration
Statement).
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.
Dated: April 3, 2003
BERKSHIRE INCOME REALTY, INC.
By: /s/ David C. Quade
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David C. Quade
President
INDEX TO EXHIBITS
EXHIBIT NUMBER DESCRIPTION OF EXHIBIT
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3.1 Form of Articles of Amendment and Restatement
of the Registrant (incorporated by reference
to exhibit 3.1 of the Registration Statement).
3.2 By-laws of the Registrant (incorporated by
reference to exhibit 3.2 of the Registration
Statement).