Post-Effective Amendment No. 1 to Form S-3

As filed with the Securities and Exchange Commission on December 9, 2005

Registration No. 333-110476


 

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

 


 

POST-EFFECTIVE AMENDMENT NO. 1

TO

FORM S-3

REGISTRATION STATEMENT

UNDER

THE SECURITIES ACT OF 1933

 


 

NU SKIN ENTERPRISES, INC.

(Exact Name of Registrant as Specified in its Charter)

 

Delaware

(State or Other Jurisdiction of

Incorporation or Organization)

 

87-0565309

(I.R.S. Employer

Identification Number)

 

75 West Center Street

Provo, Utah 84601

(801) 345-1000

(Address, including zip code, and telephone number, including area code, of registrant’s principal executive offices)

 


 

M. Truman Hunt

Chief Executive Officer

Nu Skin Enterprises, Inc.

75 West Center Street

Provo, Utah 84601

(801) 345-1000

(Name, address, including zip code, and telephone number, including area code, of agent for service)

 


 

With copies to:

D. Matthew Dorny, Esq.

Nu Skin Enterprises, Inc.

75 West Center Street

Provo, Utah 84601

(801) 345-1000

 

Kevin P. Kennedy, Esq.

Simpson Thacher & Bartlett LLP

3330 Hillview Avenue

Palo Alto, California 94304

(650) 251-5000

 



RECENT EVENTS: DEREGISTRATION

 

The Registrant registered 6,178,800 shares of its class A common stock, par value $0.001 per share (the “Common Stock”), under the Registration Statement filed with the Securities and Exchange Commission on November 13, 2003 and subsequently amended on July 26, 2004 (Registration No. 333-110476) (the “Registration Statement”). Pursuant to a registration rights agreement dated October 22, 2003, entered into among the Registrant and the purchasers signatory thereto (filed as Exhibit 4.6 to the Registration Statement), the Registrant’s obligation to maintain the effectiveness of the Registration Statement has expired. Accordingly, pursuant to an undertaking made in Item 17 of the Registration Statement, the Registrant hereby removes the Common Stock from registration.


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-3 and has duly caused this post-effective amendment to the registration statement to be signed on its behalf by the undersigned, thereunto duly authorized, in the City of Provo, State of Utah, on December 9, 2005.

 

NU SKIN ENTERPRISES, INC.

By:

 

    /s/    D. MATTHEW DORNY


        Name:     D. Matthew Dorny
        Title:   Vice President

 

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

 

Signature


  

Title


 

Date


*


M. Truman Hunt

   Chief Executive Officer and Director (Principal
Executive Officer)
  December 9, 2005

*


Ritch N. Wood

   Chief Financial Officer (Principal Financial and
Accounting Officer)
  December 9, 2005

*


Blake M. Roney

   Chairman of the Board   December 9, 2005

*


Sandra N. Tillotson

   Director   December 9, 2005

*


Daniel W. Campbell

   Director   December 9, 2005

*


E.J. “Jake” Garn

   Director   December 9, 2005

*


Paula F. Hawkins

   Director   December 9, 2005

*


Andrew D. Lipman

   Director   December 9, 2005

*


Jose Ferreira, Jr.

   Director   December 9, 2005

 

*By:

 

    /s/    D. MATTHEW DORNY


    D. Matthew Dorny
    Attorney-In-Fact