UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

______________

FORM 8-K

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the

Securities Exchange Act of 1934

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Date of Report (Date of earliest event reported): ~~October~~April 2821, ~~2009~~2011

MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED

Initial Depositor

(Exact name of Registrant as specified in its charter)

Biotech HOLDRS (SM) Trust

[Issuer with respect to the receipts]

DELAWARE

(State or other jurisdiction of
incorporation)

001-15044

Commission File Number

13-5674085

(I.R.S. Employer
Identification No.)

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~~250~~One ~~Vesey~~Bryant ~~Street~~Park

New York, New York ~~10281~~10036

(Address of principal executive offices and zip code)

(212) 449-1000

(Registrant'’s telephone number, including area code)

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Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2.):

[¨ ] Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

[¨ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

[¨ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

[¨ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Item 8.01. Other Events

On ~~October~~April 208, ~~2009~~2011, the ~~merger~~acquisition of ~~Sepracor~~Genzyme ~~Inc.~~Corporation ~~and~~by ~~Dainippon~~GC ~~Sumitomo~~Merger ~~Pharma Co~~Corp., ~~Ltd.~~a wholly-owned subsidiary of Sanofi Aventis, became effective. As a result, ~~Sepracor~~Genzyme ~~Inc.~~Corporation will no longer be an underlying constituent of the Biotech HOLDRS Trust. In connection with the ~~merger~~acquisition, ~~Sepracor~~Genzyme ~~Inc.~~Corporation shareholders will receive $2374.00 in cash and one Contingent Value Right (CVR) for each share of ~~Sepracor Inc~~Genzyme Corporation. The Bank of New York Mellon will receive $~~138~~1,036.00 in cash and 14 CVRs for the ~~six~~ 14 shares of ~~Sepracor~~Genzyme ~~Inc.~~Corporation per 100 share round -lot of Biotech HOLDRS ~~Trust~~.

The CVRs will entitle the holder to receive additional cash payments if specified governmental approvals and production goals for Genzyme Corporation’s pharmaceutical products are achieved.

Neither GC Merger Corp. nor Sanofi Aventis will become underlying constituents of the Biotech HOLDRS Trust as a result of the acquisition.

Item 9.01.

Financial Statements and Exhibits

(d)

Exhibits

99.1 Biotech HOLDRS Trust Prospectus Supplement dated ~~October~~April 2821, ~~2009~~2011 to Prospectus dated March 1115, ~~2009~~2011.

SIGNATURE

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

	~~MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED~~	MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED
Date: October 28, 2009	By:	/s/ Ninon B. Marapachi
Date: April 21, 2011	By:	/s/ Liam B. O’Neil
		Name:	~~Ninon~~Liam B. ~~Marapachi~~O’Neil
		Title:	Managing Director

EXHIBIT INDEX

Number and Description of Exhibit

(99.1) Biotech HOLDRS Trust Prospectus Supplement dated ~~October~~April 2821, ~~2009~~2011 to Prospectus dated March 1115, ~~2009~~2011.

Filing Compare · BIOTECH HOLDRS TRUST