UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

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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): ~~June~~April 30, ~~2008~~2009

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 ~~ofincorporation~~of incorporation) 001-15044 Commission File Number 13-5674085 (I.R.S. Employer Identification No.)

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250 Vesey Street

New York, New York 10281

(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.):

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

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

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

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

Item 8.01. Other Events

The merger of ~~Millennium Pharmaceuticals~~Genentech, Inc. and ~~Takeda~~Roche ~~Pharmaceutical Company Limited~~ became effective on ~~May~~March 1426, ~~2008~~ 2009. As a result, ~~Millennium Pharmaceuticals~~Genentech, Inc. iswill no longer be an underlying constituent of the Biotech HOLDRS (SM) Trust. ~~For~~In ~~the~~connection 12with ~~shares~~the merger, ofshareholders ~~Millennium~~will ~~Pharmaceuticals,~~receive ~~Inc~~$95. ~~per~~00 ~~100~~in ~~share~~cash ~~round~~for ~~lot~~each share of ~~Biotech HOLDRS~~Genentech, Inc., and The Bank of New York Mellon ~~received~~ will receive $~~300~~8,360.00 for the 88 shares of Genentech, Inc. ~~The~~ per 100 share round-lot of Biotech HOLDRS. The Bank of New York Mellon distributed the cash at a rate of ~~$3.00 less custody fees~~ of $083.~~01235~~60 per depositary share of Biotech HOLDRS less custody fees of $0. 024. The record date and the payable date for the distribution was ~~May~~April 233, ~~2008~~2009 and ~~the~~April ~~payable date was June 12~~28, ~~2008~~2009, respectively.

~~Effective July~~Item ~~1, 2008, Applera Corporation - Applied Biosystems, an underlying constituent of the Biotech HOLDRS Trust, will change its name to Applied Biosystems Inc~~9. ~~and CUSIP to 038149100~~01. ~~The~~Financial ~~ticker~~Statements ~~will~~and ~~remain the same. As a result, effective July 2, 2008, creations of Biotech HOLDRS will require a deposit of 18 shares of Applied Biosystems Inc. per round lot of 100 Biotech HOLDRS.~~Exhibits

The separation of Celera Corporation from Applera Corporation will become effective July 1, 2008. As a result, Celera Corporation will replace Applera Corporation - Celera Group as an underlying security of the Biotech HOLDRS Trust. For the 4 shares of Applera Corporation - Celera Group per 100 shares round lot of Biotech HOLDRS, The Bank of New York will receive 4 shares of Celera Corporation.

Effective May 23, 2008, Shire PLC, an underlying constituent of the Biotech HOLDRS Trust, changed its name to Shire Limited. The ticker and CUSIP will remain the same.

Item 9.01 Financial Statements and Exhibits

(d)

Exhibits

99.1 Biotech HOLDRS Trust Prospectus Supplement dated ~~June~~April 3029, ~~2008~~2009 to Prospectus dated ~~August~~March 1511, ~~2007~~2009.

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
	MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED
	INCORPORATED
Date: April 30, 2009	By:	/s/ Thomas W. Lee
Date: August 11, 2008	By:	/s/	Satyanarayan R. Chada
		Name:	Thomas W. Lee
	Name:	Satyanarayan R. Chada
		Title:	Managing Director
	Title:	Managing Director

EXHIBIT INDEX

Number and Description of Exhibit

(99.1) Biotech HOLDRS Trust Prospectus Supplement dated ~~June~~April 3029, ~~2008~~2009 to Prospectus dated ~~August~~March 1511, ~~2007~~2009.

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