1 EXHIBIT 4.1 COUNTERSIGNED AND REGISTERED- NATIONAL CITY BANK (Cleveland, Ohio) TRANSFER AGENT AND REGISTRAR AUTHORIZED SIGNATURE SEE RESTRICTIONS ON REVERSE SIDE NUMBER ANTHONY & SYLVAN POOLS SHARES AS CORPORATION incorporated under the laws of the State of Ohio CUSIP: 036762102 This Certifies that is the owner of SEE REVERSE FOR CERTAIN DEFINITIONS FULLY PAID AND NON-ASSESSABLE COMMON SHARES WITHOUT PAR VALUE, OF ANTHONY & SYLVAN POOLS CORPORATION (hereinafter called the "Corporation"), transferable on the books of the Corporation by the holder hereof, in person or by duly authorized attorney, upon the surrender of this certificate properly endorsed. By the acceptance of this certificate and the shares represented hereby, the holder hereof assents to and agrees to be bound by all of the provisions of the Articles of Incorporation and Regulations of the Corporation, copies of which are on file with the Transfer Agent. This certificate is not valid until countersigned by the Transfer Agent and registered by the Registrar. WITNESS, the facsimile seal of the Corporation and the facsimile signatures of its duly authorized officers. Dated, /s/ Mark E. Brody /s/ Stuart D. Neidus SECRETARY [SEAL] CHAIRMAN OF THE BOARD 2 The following abbreviations, when used in the inscription on the face of this certificate, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common UNIF GIFT MIN ACT ______ Custodian _______ (Cust) (Minor) TEN ENT - as tenants by the entireties under Uniform Gifts to Minors JTTEN - as joint tenants with right of survivorship Act _________________________ and not as tenants in common (State) Additional abbreviations may also be used though not in the above list. Transfer of the shares represented by this Certificate is subject to the provisions of Article Sixth of the Corporation's Articles of Incorporation as the same may be in effect from time to time. Upon written request delivered to the Secretary of the Corporation at its principal place of business, the Corporation will mail to the holder of this Certificate a copy of such provisions without charge within five (5) days after receipt of written request therefor. By accepting this Certificate the holder hereof acknowledges that it is accepting same subject to the provisions of said Article Sixth as the same may be in effect from time to time and covenants with the Corporation and each shareholder thereof from time to time to comply with the provisions of said Article Sixth as the same may be in effect from time to time. FOR VALUE RECEIVED,___________ HEREBY SELL, ASSIGN AND TRANSFER UNTO PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE [ ] - -------------------------------------------------------------------------------- - -------------------------------------------------------------------------------- - -------------------------------------------------------------------------------- - -------------------------------------------------------------------------------- __________________________________________________________________ OF THE SHARES REPRESENTED BY THE WITHIN CERTIFICATE AND DO HEREBY IRREVOCABLY CONSTITUTE AND APPOINT ___________________________________________________________ ATTORNEY TO TRANSFER THE SAID SHARES ON THE BOOKS OF THE WITHIN-NAMED CORPORATION WITH FULL POWER OF SUBSTITUTION IN THE PREMISES. DATED ____________________ -------------------------------------------- -------------------------------------------- NOTICE: THE SIGNATURE TO THIS ASSIGNMENT MUST CORRESPOND WITH THE NAME AS WRITTEN UPON THE FACE OF THE CERTIFICATE IN EVERYPARTICULAR, WITHOUT ALTERATION OR ENLARGEMENT, OR ANYCHANGE WHATEVER. SIGNATURE(S) GUARANTEED: By -------------------------------------------------------------- THE SIGNATURE(S) SHOULD BE GUARANTEED BY AN ELIGIBLE GUARANTOR INSTITUTION (BANKS, STOCKBROKERS, SAVINGS AND LOAN ASSOCIATIONS AND CREDIT UNIONS WITH MEMBERSHIP IN AN APPROVED SIGNATURE GUARANTEE MEDALLION PROGRAM), PURSUANT TO S.E.C.RULE 17 Ad-15. - -------------------------------------------------------------------------------- THIS SPACE MUST NOT BE COVERED IN ANYWAY - --------------------------------------------------------------------------------