UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 8-A FOR REGISTRATION OF CERTAIN CLASSES OF SECURITIES PURSUANT TO SECTION 12(b) OR 12(g) OF THE SECURITIES EXCHANGE ACT OF 1934 NEW YORK MORTGAGE TRUST, INC. (Exact Name of Registrant as Specified in its Charter) Maryland 47-0934168 ---------------------- --------------------------------- (State of Incorporation) (IRS Employer Identification No.) 1301 Avenue of the Americas New York, New York 10019 --------------------------------------- ---------- (Address of Principal Executive Offices) (Zip Code) If this form relates to the If this form relates to the registration of a class of registration of a class of securities pursuant to Section securities pursuant to Section 12(b) of the Exchange Act and is 12(g) of the Exchange Act and is effective pursuant to General effective pursuant to General Instruction A.(c), please check the Instruction A.(d), please check the following box. [X] following box. [ ] Securities Act registration statement file number to which this form relates (if applicable): File No. 333-111668. Securities registered pursuant to Section 12(b) of the Act: Title of Each Class Name of Each Exchange on Which to be so Registered Each Class is to be Registered: ------------------- ------------------------------- Common Stock, $0.01 par value per share New York Stock Exchange Securities registered pursuant to Section 12(g) of the Act: None. This filing relates to the New York Stock Exchange Original Listing Application filed by the Company on February 16, 2004. Item 1. Description of Registrant's Securities to be Registered. A description of New York Mortgage Trust, Inc. common stock is set forth under the caption "Description of Capital Stock" in the Prospectus contained in the Registration Statement on Form S-11 (File No. 333-111668), as initially filed with the Securities and Exchange Commission on December 31, 2003, as amended (the "Registration Statement"). Such portion of the Registration Statement is hereby incorporated by reference. Item 2. Exhibits. Not applicable. 1 SIGNATURE Pursuant to the requirements of Section 12 of the Securities Exchange Act of 1934, the registrant has duly caused this registration statement to be signed on its behalf by the undersigned, thereto duly authorized. NEW YORK MORTGAGE TRUST, INC. Date: June 15, 2004 By: /s/ David A. Akre ----------------------------------- Name: David A. Akre Title: Co-Chief Executive Officer 2