SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
SCHEDULE 13D
(Rule 13d-101)
INFORMATION TO BE INCLUDED IN THE STATEMENTS FILED PURSUANT TO RULE
13d-1(a) AND AMENDMENTS THERETO FILED PURSUANT TO RULE 13d-2(a)
(Amendment No. 4)*
Syms Corp
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(Name of Issuer)
Common Stock, par value $0.05 per share
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(Title of Class of Securities)
871551107
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(CUSIP Number)
Marcy Syms
c/o Syms Corp
Syms Way
Seacaucus, New Jersey 07094
(201) 902-9600
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(Name, Address and Telephone Number of Person
Authorized to Receive Notices and Communications)
January 5, 2004
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(Date of event which requires filing of this statement)
If the filing person has previously filed a statement on Schedule 13G to report
the acquisition that is the subject of this Schedule 13D, and is filing this
schedule because of Rule 13d-1(e), 13d-1(f) or 13d-1(g), check the following box
[ ]
* The remainder of this cover page shall be filled out for a reporting person's
initial filing on this form with respect to the subject class of securities, and
for any subsequent amendment containing information which would alter
disclosures provided in a prior cover page.
The information required on the remainder of this cover page shall not be deemed
to be "filed" for the purpose of Section 18 of the Securities Exchange Act of
1934 (the "Exchange Act") or otherwise subject to the liabilities of that
section of the Exchange Act but shall be subject to all other provisions of the
Exchange Act (however, see the Notes).
SCHEDULE 13D
CUSIP NO. 871551107 Page 2 of 5
_____________________________________________________________________________
1 NAMES OF REPORTING PERSONS
I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (Entities Only)
Marcy Syms
_____________________________________________________________________________
2 CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP (a) [ ]
(b) [ ]
_____________________________________________________________________________
3 SEC USE ONLY
_____________________________________________________________________________
4 SOURCE OF FUNDS
Not applicable
_____________________________________________________________________________
5 CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED
PURSUANT TO ITEM 2(d) or 2(e) [ ]
_____________________________________________________________________________
6 CITIZENSHIP OR PLACE OF ORGANIZATION
United States
_____________________________________________________________________________
NUMBER OF 7 SOLE VOTING POWER
SHARES 2,280,463
______________________________________________________________
BENEFICIALLY 8 SHARED VOTING POWER
OWNED BY None
______________________________________________________________
EACH 9 SOLE DISPOSITIVE POWER
REPORTING 2,280,463
______________________________________________________________
PERSON 10 SHARED DISPOSITIVE POWER
WITH None
_____________________________________________________________________________
11 AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
2,280,463
_____________________________________________________________________________
12 CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES
[ ]
_____________________________________________________________________________
13 PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
14.6%
_____________________________________________________________________________
14 TYPE OF REPORTING PERSON
IN
_____________________________________________________________________________
SCHEDULE 13D
CUSIP NO. 871551107 Page 3 of 5
Item 1 Security and Issuer.
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This statement constitutes Amendment No. 4 ("Amendment No. 4") to the
Statement on Schedule 13D (the "Schedule 13D") filed with the
Securities and Exchange Commission by Marcy Syms in connection with
her ownership of the Common Stock, $0.05 par value per share (the
"Common Stock"), of Syms Corp, a New Jersey corporation (the
"Company"), with its principal executive offices at Syms Way,
Secaucus, New Jersey 07094.
In accordance with Exchange Act Rule 13d-2, this Amendment No. 4
amends and supplements only information that has materially changed
since the March 10, 2003 filing by Marcy Syms of Amendment No. 3 to
the Schedule 13D. Unless otherwise indicated herein, terms used but
not otherwise defined in this Amendment No. 4 shall have the same
respective meanings herein as are ascribed to such terms in the
Schedule 13D.
Item 4. Purpose of Transaction.
----------------------
Item 4 of the Schedule 13D is hereby amended and supplemented by
adding the following:
On October 2, 2003, Ms. Syms sold 150,000 shares of the Company's
Common Stock for an aggregate purchase price of $937,600 in sales
consummated in accordance with Rule 144 of the Securities Act of 1933
(the "Act").
On January 5, 2004, Ms. Syms sold 50,000 shares of the Company's
Common Stock for an aggregate purchase price of $350,022 in sales
consummated in accordance with Rule 144 of the Act.
On January 6, 2004, Ms. Syms sold an aggregate of 89,400 shares of the
Company's Common Stock for an aggregate purchase price of $625,802 in
sales consummated in accordance with Rule 144 of the Act.
Item 5. Interest in Securities of the Issuer.
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Item 5 of the Schedule 13D is hereby amended and supplemented by
adding the following:
5(a) Based on 15,127,278 shares of the Company's Common Stock
outstanding as of December 31, 2003 (as set forth in the Company's
Quarterly Report on Form 10-Q for the quarterly period ended November
29, 2003 filed on January 9, 2004), Ms. Syms beneficially owns
2,280,463 shares of the Company's Common Stock representing 14.6% of
the issued and outstanding shares of the Company's Common Stock, of
which 537,500 shares of Common Stock are issuable upon the exercise of
options which are currently exercisable.
5(b) Of such 2,280,463 shares of Common Stock, (i) Ms. Syms is the
direct beneficial owner of 1,592,675 shares of Common Stock (which
amount includes her options to purchase 537,500 shares of Common
Stock) over which she has the sole voting and dispositive power, and
(ii) 687,788 shares are held by the Laura Merns Living Trust, dated
February 14, 2003, between Laura Merns, as settlor, and Marcy Syms, as
trustee, of which Ms. Syms is an indirect beneficial owner, and as the
sole trustee thereunder, has the sole voting and dispositive power
over such Common Stock held by the Trust.
SCHEDULE 13D
CUSIP NO. 871551107 Page 4 of 5
5(c) Other than as described in this Amendment No. 4, Ms. Syms has
not effected any transactions in the shares of the Company's Common
Stock during the past 60 days.
5(d) Not applicable.
5(e) Not applicable.
SCHEDULE 13D
CUSIP NO. 871551107 Page 5 of 5
Signatures
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After reasonable inquiry and to the best of my knowledge and belief, I
certify that the information set forth in this statement is true, complete and
correct.
/s/ Marcy Syms
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Marcy Syms
Dated: January 20, 2004