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): January 26, 2005
BANK OF AMERICA CORPORATION
(Exact name of registrant as specified in its charter)
Delaware
(State or other jurisdiction of incorporation)
1-6523
(Commission File Number)
56-0906609
(IRS Employer Identification No.)
100 North Tryon Street
Charlotte, North Carolina
(Address of principal executive offices)
28255
(Zip Code)
704.386.8486
(Registrant’s telephone number, including area code)
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. |
| ¨ | Soliciting material pursuant to Rule 14a-12 under the Exchange Act. |
| ¨ | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act. |
| ¨ | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act. |
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| ITEM 1.01. | ENTRY INTO A MATERIAL DEFINITIVE AGREEMENT. |
On December 23, 2004, Bank of America Corporation filed a Current Report on Form 8-K describing an agreement between Mr. Charles K. (Chad) Gifford and the Corporation regarding his retirement (the “Prior Form 8-K”). Attached as Exhibit 10.1 hereto is a Retirement Agreement, dated as of January 26, 2005, between Mr. Gifford and the Corporation, memorializing the terms of the agreement described in the Prior Form 8-K.
In addition to the benefits described in the Prior Form 8-K, Mr. Gifford will receive financial planning and tax preparation services for the 2005 taxable year.
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| ITEM 9.01. | EXHIBITS. |
| (c) | Exhibits. |
The following exhibit is filed herewith:
| EXHIBIT NO. |
DESCRIPTION OF EXHIBIT | |
| 10.1 | Retirement Agreement, between Charles K. Gifford and Bank of America Corporation, dated as of January 26, 2005. | |
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SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
| BANK OF AMERICA CORPORATION | ||
| By: | /s/ JACQUELINE JARVIS JONES | |
| Jacqueline Jarvis Jones | ||
| Associate General Counsel | ||
Dated: January 26, 2005
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EXHIBIT INDEX
| EXHIBIT NO. |
DESCRIPTION OF EXHIBIT | |
| 10.1 | Retirement Agreement, between Charles K. Gifford and Bank of America Corporation, dated as of January 26, 2005. | |
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