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UNITED
STATES
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OMB APPROVAL
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SECURITIES AND EXCHANGE
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OMB Number:
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323500080
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COMMISSION
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Expires:
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February 28, 2009
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Washington,
D.C. 20549
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Estimated average burden
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hours per response...............1.00
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FORM 25
NOTIFICATION OF REMOVAL FROM LISTING AND/OR
REGISTRATION UNDER SECTION 12(b) OF THE
SECURITIES EXCHANGE ACT OF 1934.
Commission File Number: 001-33742
SPA ETF TRUST, NYSE ARCA, INC.
(Exact name of Issuer as specified in its
charter, and name of Exchange where security is listed and/or registered)
Tower 49
12 East 49th Street
New York, New York 10017
1-877-772-3831
(Address, including zip code, and telephone
number, including area code, of Issuer’s principal executive offices)
Shares of Beneficial Interest,
no par value, of the following portfolios:
SPA MarketGrader 40 Fund
SPA MarketGrader 100 Fund
SPA MarketGrader 200 Fund
SPA MarketGrader Small Cap 100 Fund
SPA MarketGrader Mid Cap 100 Fund
SPA MarketGrader Large Cap 100 Fund
(Description of class of securities)
Please place an X in the box to designate the rule provision
relied upon to strike the class of securities from listing and registration:
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o
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17 CFR 240.12d2-2(a)(1)
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o
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17 CFR 240.12d2-2(a)(2)
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o
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17 CFR 240.12d2-2(a)(3)
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o
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17 CFR 240.12d2-2(a)(4)
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o
Pursuant
to 17 CFR 240.12d2-2(b), the Exchange has complied with its rules to
strike the class of securities from listing and/or withdraw registration on the
Exchange.(1)
x
Pursuant
to 17 CFR 240.12d2-2(c), the Issuer has complied with the rules of the
Exchange and the requirements of 17 CFR 240.12d2-2(c) governing the
voluntary withdrawal of the class of securities from listing and registration
on the Exchange.
Pursuant to the requirements of the Securities
Exchange Act of 1934, SPA ETF Trust certifies that it has reasonable grounds to
believe that it meets all of the requirements for filing the Form 25 and
has caused this notification to be signed on its behalf by the undersigned duly
authorized person.
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March 26, 2009
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By
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/s/ Antony Peter Drain
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President
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Date
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Name
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Title
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(1) Form 25 and attached Notice
will be considered compliance with the provisions of 17 CFR 240.19d-1 as
applicable. See General Instructions.
Persons who respond to the
collection of information contained in this form are not required to respond
unless the form displays a currently valid OMB Number.
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SEC 1654(03-06)
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Persons who respond to the
collection of information contained in this form are not required to respond
unless the form displays a currently valid OMB control number.
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