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

Date of Report (Date of earliest event reported):

 

October 16, 2008

 

Merrill Lynch & Co., Inc.

(Exact Name of Registrant as Specified in its Charter)

Delaware

1-7182

13-2740599

(State or Other

Jurisdiction of

Incorporation)

(Commission

File Number)

(I.R.S. Employer

Identification No.)

4 World Financial Center, New York, New York

10080

(Address of Principal Executive Offices)

(Zip Code)

Registrant's telephone number, including area code:

(212) 449-1000

 

(Former Name or Former Address, if Changed Since Last Report.)

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:

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 2.02.     Results of Operations and Financial Condition.

On October 16, 2008, Merrill Lynch & Co., Inc. (Merrill Lynch) announced its results of operations for the three- and nine-month periods ended September 26, 2008.  A copy of the related press release is filed as Exhibit 99.1 to this Form 8-K and is incorporated herein by reference.  A Preliminary Unaudited Earnings Summary, Reconciliation of “Non-GAAP” Measures and Segment Data for the three- and nine-month periods ended September 26, 2008 and supplemental quarterly data for Merrill Lynch are filed as Exhibit 99.2 to this Form 8-K and are incorporated herein by reference.  

This information furnished under this Item 2.02, including Exhibits 99.1 and 99.2, shall be considered “filed” for purposes of the Securities Exchange Act of 1934, as amended.

Item 9.01.     Financial Statements and Exhibits.

 

(d)

 

Exhibits

 

99.1

Press release, dated October 16, 2008 issued by Merrill Lynch & Co., Inc.

 

99.2

Preliminary Unaudited Earnings Summary, Reconciliation of “Non-GAAP”
Measures and Segment Data for the three- and nine-month periods
ended September 26, 2008 and supplemental quarterly data.

* * *

2

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 & CO., INC.

(Registrant)

 
 

 

 

By:

/s/ Nelson Chai

Nelson Chai

Executive Vice President and

Chief Financial Officer

 
 
 

By:

/s/ Gary Carlin

Gary Carlin

Vice President and

Controller

 
 
 
 

Date:

October 16, 2008

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EXHIBIT INDEX

Exhibit No.

  Description
 
99.1

Press release, dated October 16, 2008, issued by Merrill Lynch &
Co., Inc.

 
99.2

Preliminary Unaudited Earnings Summary, Reconciliation of “Non-
GAAP” Measures and Segment Data for the three- and nine-month
periods ended September 26, 2008 and supplemental quarterly
data.

4