SEC FORM 3

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SEC Form 3

FORM 3

UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

INITIAL STATEMENT OF BENEFICIAL OWNERSHIP OF SECURITIES

Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934
or Section 30(h) of the Investment Company Act of 1940

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1. Name and Address of Reporting Person^*

Zuegel Martin

(Last)

(First)

(Middle)

ECKENHEIMER LANDSTRASSE 100

(Street)

FRANKFURT AM MAIN

60318

(City)

(State)

(Zip)

2. Date of Event Requiring Statement (Month/Day/Year)
02/16/2010

3. Issuer Name and Ticker or Trading Symbol
BIOFORM MEDICAL INC [ BFRM ]

4. Relationship of Reporting Person(s) to Issuer
(Check all applicable)

X	Director	10% Owner
X	Officer (give title below)	Other (specify below)
	President

5. If Amendment, Date of Original Filed (Month/Day/Year)

6. Individual or Joint/Group Filing (Check Applicable Line)

X	Form filed by One Reporting Person
	Form filed by More than One Reporting Person

Table I - Non-Derivative Securities Beneficially Owned
1. Title of Security (Instr. 4)	2. Amount of Securities Beneficially Owned (Instr. 4)	3. Ownership Form: Direct (D) or Indirect (I) (Instr. 5)	4. Nature of Indirect Beneficial Ownership (Instr. 5)
Common Stock, par value $0.01 per share	0⁽¹⁾⁽²⁾⁽³⁾	I	See footnotes below⁽¹⁾⁽²⁾⁽³⁾

Table II - Derivative Securities Beneficially Owned (e.g., puts, calls, warrants, options, convertible securities)
1. Title of Derivative Security (Instr. 4)	2. Date Exercisable and Expiration Date (Month/Day/Year)		3. Title and Amount of Securities Underlying Derivative Security (Instr. 4)		4. Conversion or Exercise Price of Derivative Security	5. Ownership Form: Direct (D) or Indirect (I) (Instr. 5)	6. Nature of Indirect Beneficial Ownership (Instr. 5)
1. Title of Derivative Security (Instr. 4)	Date Exercisable	Expiration Date	Title	Amount or Number of Shares	4. Conversion or Exercise Price of Derivative Security	5. Ownership Form: Direct (D) or Indirect (I) (Instr. 5)	6. Nature of Indirect Beneficial Ownership (Instr. 5)

Explanation of Responses:

1. In accordance with the Agreement and Plan of Merger (the "Merger Agreement"), dated as of December 31, 2009, by and among Merz GmbH & Co. KGaA, a limited partnership by shares formed under the laws of the Federal Republic of Germany ("Merz"), Vine Acquisition Corp., a Delaware corporation and an indirect wholly-owned subsidiary of Merz ("Acquisition Sub"), and BioForm Medical, Inc., a Delaware corporation ("BioForm"), on January 15, 2010, Acquisition Sub commenced a cash tender offer (the "Offer") to purchase all outstanding shares of common stock, $0.01 par value per share, of BioForm (the "Shares") at a price of $5.45 per Share, without interest thereon and less any required withholding tax. (Continued in Footnote 2)

2. The Offer expired at 12:00 midnight, New York City Time, on February 12, 2010. On February 16, 2010, Acquisition Sub commenced a subsequent offering period. The subsequent offering period expired at 12:00 midnight, New York City Time, on February 18, 2010. Based on final information from the depositary for the tender offer, an aggregate of 45,400,232 Shares were validly tendered and not properly withdrawn immediately prior to the expiration of the subsequent offering period, representing approximately 95.7% of the Shares. (Continued in Footnote 3)

3. Acquisition Sub accepted for payment all Shares that were validly tendered during the initial offering period and the subsequent offering period, and payment for such Shares has been or will be made promptly, in accordance with the terms of the Offer. On February 19, 2010, Merz caused Acquisition Sub to merge with and into BioForm in accordance with the short-form provisions of the General Corporation Law of the State of Delaware (the "Merger"). As a result of the Merger, BioForm became an indirect wholly-owned subsidiary of Merz and, following the Merger, the Shares ceased to be traded on The Nasdaq Global Market. On February 16, 2010, pursuant to the terms of the Merger Agreement, Dr. Martin Z??gel, a designee of Merz, was appointed as a director of BioForm. Following the effective time of the Merger on February 19, 2010, Dr. Martin Z??gel resigned from his position as President of BioForm. Dr. Martin Z??gel continues to serve as a director of BioForm.

	/s/ Dr. Martin Z??gel	02/26/2010
	** Signature of Reporting Person	Date
Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly.
* If the form is filed by more than one reporting person, see Instruction 5 (b)(v).
** Intentional misstatements or omissions of facts constitute Federal Criminal Violations See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a).
Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure.
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