As filed with the Securities and Exchange Commission on
January 15, 2004 Registration No. 333-11642
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SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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POST-EFFECTIVE AMENDMENT NO. 3 TO
FORM F-6
REGISTRATION STATEMENT
UNDER
THE SECURITIES ACT OF 1933 AS Amended FOR DEPOSITARY SHARES EVIDENCED BY
DEPOSITARY RECEIPTS
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INTERSHOP Communications Aktiengesellschaft
(Exact name of issuer of deposited securities as specified in its charter)
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INTERSHOP COMMUNICATIONS STOCK CORPORATION
(Translation of issuer's name into English)
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FEDERAL REPUBLIC OF GERMANY
(Jurisdiction of incorporation or organization of issuer)
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CITIBANK, N.A.
(Exact name of depositary as specified in its charter)
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111 Wall Street
New York, New York 10043
(212) 657-5100
(Address, including zip code, and telephone number, including
area code, of Depositary's principal executive offices)
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CT Corporation System
111 Eighth Avenue
New York, New York 10011
(212) 894-8940
(Name, address, including zip code, and telephone number, including
area code of agent for service)
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Copies to:
Frettra M. Miller, Esq.
Citibank, N.A.
388 Greenwich Street
New York, New York
Telephone: (212) 819-5675
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Deregistering unissued American Depositary Shares evidenced
by American Depositary Receipts.
There are hereby de-registered 98,550,003 American
Depositary Shares evidenced by American Depositary
Receipts that were registered under this Registration
Statement No. 333-11642 but for which no underlying
shares have been deposited and which therefore have not
been, and will not be, issued.
ii
SIGNATURES
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Pursuant to the requirements of the Securities Act of 1933, as
amended, Citibank, N.A., on behalf of the legal entity created by the Deposit
Agreement dated as of September 29, 2000, as amended by Amendment No. 1 to
Deposit Agreement, dated as of February 25, 2002, and as further amended by
Amendment No. 2 to Deposit Agreement, dated February 6, 2003, (as so amended,
the "Deposit Agreement") by and among Intershop Communications Stock
Corporation, Citibank, N.A., as depositary, and all Holders and Beneficial
Owners of American Depositary Shares ("ADSs"), evidenced by American Depositary
Receipts ("ADRs"), issued thereunder, certifies that it has reasonable grounds
to believe that all the requirements for filing on Form F-6 are met and has duly
caused this Post-Effective Amendment No. 3 to Form F-6 Registration Statement to
be signed on its behalf by the undersigned, thereunto duly authorized, in the
City of New York, State of New York, on the 15th day of January, 2004.
Legal entity created by the Deposit Agreement for
the issuance of American Depositary Receipts
evidencing American Depositary Shares each
representing one (1) Bearer Ordinary Share, no par
value, of Intershop Communications Stock
Corporation, as amended by Amendment No. 1 to
Deposit Agreement, and as further amended by
Amendment No. 2 to Deposit Agreement.
CITIBANK, N.A., as Depositary
By: /s/ Susanna Mancini
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Name: Susanna Mancini
Title: Vice President
SIGNATURES
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Pursuant to the requirements of the Securities Act of 1933, as
amended, INTERSHOP Communications Stock Corporation certifies that it has
reasonable grounds to believe that all the requirements for filing on Form F-6
are met and has duly caused this Post-Effective Amendment No. 3 to Form F-6
Registration Statement to be signed on its behalf by the undersigned, thereunto
duly authorized, in Jena, Germany on the 15th day of January, 2004.
INTERSHOP Communications Stock Corporation
By: /s/ Dr. Juergen Schoettler
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Name: Dr. Juergen Schoettler
Title: Chief Executive Officer and
Vorstandsvorsitzender
Pursuant to the requirements of the Securities Act of 1933, as
amended, this Post-Effective Amendment No. 3 to Form F-6 Registration Statement
has been signed by the following persons in the capacities indicated on the
dates indicated.
Signatures Title Date
January 15, 2004
/s/ Dr. Juergen Schoettler Chief Executive Officer
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Dr. Juergen Schoettler
Chief Executive Officer and
Vorstandsvorsitzender
SIGNATURE OF AUTHORIZED REPRESENTATIVE OF THE REGISTRANT
Pursuant to the requirements of the Securities Act of 1933, the
undersigned, the duly authorized representative in the United States of the
registrant, has signed this Registration Statement on Form F-6, or amendment
thereto, in his capacity as an authorized officer of INTERSHOP Communications
Stock Corporation in San Francisco, CA on January 15, 2004.
INTERSHOP COMMUNICATIONS STOCK CORPORATION
By: /s/ Gary DiOrio
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Name: Gary DiOrio
Title: President