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 15, 2004
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Commerce Bancorp, Inc.
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(Exact name of registrant as specified in its charter)
New Jersey 1-12069 22-2433468
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(State or other (Commission File Number) (IRS Employer
jurisdiction Identification
of incorporation) Number)
Commerce Atrium, 1701 Route 70 East, Cherry Hill, NJ 08034-5400
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(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code: 856-751-9000
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N/A
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(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 communication 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 5.02. Departure of Directors or Principal Officers; Election of Directors;
Appointment of Principal Officers
(b) Effective October 19, 2004, John P. Ferguson resigned as a member of the
Company's Board of Directors. Mr. Ferguson will continue as a Director Emeritus
for the Company.
(d) Effective October 19, 2004, John K. Lloyd, who is currently a member of an
advisory board to the Company, was appointed to the Company's Board of
Directors. Mr. Lloyd is the President and CEO of Meridian Health, a leading
integrated health system. Prior to leading Meridian, Mr. Lloyd was President and
CEO of Jersey Shore Medical Center, a leading regional teaching hospital.
Item 8.01. Other Events
Effective October 15, 2004, the shareholder derivative lawsuit, filed August 3,
2004, was dismissed by the United States District Court for the District of New
Jersey, Camden Division.
In addition, the six shareholder class action lawsuits have been consolidated in
the United States District Court for the District of New Jersey, Camden
Division.
This Current Report on Form 8-K may contain certain forward-looking statements
regarding Commerce Bancorp, Inc.'s business and prospects that are based upon
numerous assumptions about future conditions which may ultimately prove to be
inaccurate and actual events and results may materially differ from anticipated
results described in such statements. Such forward-looking statements involve
risks and uncertainties and any one or a combination of these risks could have a
material adverse effect on Commerce Bancorp, Inc.'s business, financial
condition and results of operations.
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.
Dated: October 21, 2004 COMMERCE BANCORP, INC.
By: /s/ Douglas J. Pauls
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Douglas J. Pauls
Senior Vice President and
Chief Financial Officer