SEC Comment Letter for FIRST REAL ESTATE INVESTMENT TRUST OF NEW JERSEY, INC. (FREVS) (CIK 0000036840) (FREVS) — Mar 27, 2008
FIRST REAL ESTATE INVESTMENT TRUST OF NEW JERSEY, INC. (FREVS) (CIK 0000036840)
Date: March 27, 2008 · CIK: 0000036840 · Accession: 0000000000-08-016115
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File numbers found in text: 000-25043
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Mail Stop 4561 March 27, 2008 Mr. Robert S. Hekemian Chairman and Chief Executive Officer First Real Estate Investment Trust of New Jersey 505 Main Street Hackensack, NJ 07601 Re: First Real Estate Investment Trust of New Jersey Form 10-K Filed January 14, 2008 File No. 000-25043 Dear Mr. Hekemian: We have reviewed your response lett er dated March 14, 2008, and have the following comments. Please respond to our co mments within ten business days, or tell us by that time when you will provide us with a response. If the comments request revised disclosure in future filings, please confir m in writing that you will comply with the comments in your future filings and also ex plain to us how you intend to comply. We welcome any questions you may have about our comments or any other aspect of our review. Item 10. Directors, Executive Officers a nd Corporate Governance (incorporated by reference from the proxy statement) 1. Please revise your disclosure in future f ilings to note that any person, not just a holder of record or beneficial owner of your shares, may request and will be provided with a copy of your Code of Conduc t. We refer you to Item 406(c)(3) of Regulation S-K. Item 11. Executive Compensation (incorporat ed by reference to the proxy statement) 2. In future filings, please provide a fo otnote to the “Fiscal 2007 Nonqualified Deferred Compensation” table quantifying the extent to which the amounts reported in the contributi ons and earnings columns are reported as compensation for the current fiscal year in the “Summa ry Compensation” table. We refer you to the instruction to Item 402(i)(2) of Regulation S-K. Mr. Robert S. Hekemian Chairman and Chief Executive Officer First Real Estate Investment Trust of New Jersey March 27, 2008 Page 2 Item 13. Certain Relationships and Rela ted Transactions, Di rector Independence (incorporated by reference to the proxy statement) 3. We note your response to our prior comme nt 7. Please provide us with an expanded analysis as to why you believe these loans qualify as business loans exempt from Section 13(k) of th e Securities Exchange Act of 1934. Exhibit Index 4. Please file copies of your Equity Incen tive Plan, Deferred Compensation Plan and any agreements documenting loans to rela ted parties or tell us why you believe you are not required to file these documents . We refer you to Item 601(b)(10) of Regulation S-K. Please contact Kristina Aberg at (202) 551-3404 or me at (202) 551-3852 with any questions on these comments. Sincerely, Michael McTiernan Special Counsel cc: John A. Aiello, Esq. ( via facsimile )