8-K: Current report filing
Published on May 1, 2003
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
Date of Report (Date of earliest event reported): April 28, 2003
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Merrill Lynch & Co., Inc.
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(Exact Name of Registrant as Specified in its Charter)
Delaware 1-7182 13-2740599
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(State or Other (Commission File Number) (I.R.S. Employer
Jurisdiction of Identification No.)
Incorporation)
4 World Financial Center, New York, New York 10080
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(Address of Principal Executive Offices) (Zip Code)
Registrant's telephone number, including area code: (212) 449-1000
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(Former Name or Former Address, if Changed Since Last Report.)
Item 5. Other Events
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On April 28, 2003, the Securities and Exchange Commission, New York Stock
Exchange, National Association of Securities Dealers, and state securities
regulators announced that the settlements-in-principle that the regulators had
disclosed on December 20, 2002 had been reduced to final settlements with regard
to ten securities firms, including Merrill Lynch. Merrill Lynch disclosed the
settlements-in-principle on its Form 8-K dated December 24, 2002. The final
settlements pertaining to Merrill Lynch, which involve both monetary and
non-monetary relief set forth in the regulators' announcements, bring to a
conclusion the regulatory actions against Merrill Lynch related to alleged
conflicts of interest affecting research analysts. Merrill Lynch entered into
these settlements without admitting or denying the allegations and findings by
the regulators, and the settlements do not establish wrongdoing or liability for
purposes of any other proceedings.
The costs of the final settlements have already been reflected in Merrill
Lynch's 2002 Consolidated Financial Statements. As previously reported, Merrill
Lynch is the subject of class actions related to the alleged conflicts of
interest affecting research analysts, and is vigorously defending these suits.
Although the ultimate outcome of these actions pending against Merrill Lynch or
its subsidiaries cannot be ascertained at this time and the results of such
legal proceedings cannot be predicted with certainty, it is the opinion of
management that the resolution of these actions will not have a material adverse
effect on the financial condition of Merrill Lynch as set forth in its 2002
Consolidated Financial Statements, but may be material to Merrill Lynch's
operating results or cash flows for any particular period and may impact Merrill
Lynch's credit ratings.
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Certain statements contained in this report may constitute forward-looking
statements. These forward-looking statements are not statements of historical
facts and represent only Merrill Lynch's beliefs regarding future events, which
are inherently uncertain. Readers are cautioned not to place undue reliance on
forward-looking statements, which speak only as of the date on which they are
made. Merrill Lynch does not undertake to update forward-looking statements to
reflect the impact of circumstances or events that arise after the date the
forward-looking statement was made. The reader should, however, consult any
further disclosures Merrill Lynch may make in its reports on Form 10-K, Form
10-Q and Form 8-K.
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.
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(Registrant)
By: /s/ Judith A. Witterschein
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Judith A. Witterschein
Corporate Secretary
Date: May 1, 2003