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 16, 2004
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POPULAR, INC.
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(Exact name of registrant as specified in its charter)
COMMONWEALTH OF PUERTO RICO NO. 0-13818 NO. 66-0416582
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(State or other jurisdiction of incorporation) (Commission (IRS Employer
File Number) Identification No.)
209 MUNOZ RIVERA AVENUE
HATO REY, PUERTO RICO 00918
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(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code: (787) 765-9800
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(Former name or former address, if changed since last report)
Item 5. Other Events and Regulation FD Disclosure
On January 16, 2004, the Corporation issued a news release announcing
its unaudited operational results for the quarter and year ended December 31,
2003, a copy of which is attached as Exhibit 99.1 to this Current Report on Form
8-K and incorporated herein by reference. This information is furnished under
both, Item 5. Other Events and Regulation FD Disclosure and Item 12. Results of
Operations and Financial Condition in accordance with SEC Release No. 33-8176.
The information in this Form 8-K, including Item 12 and Exhibit 99.1, shall be
deemed to be filed for purposes of the Securities Exchange Act of 1934, as
amended.
Item 7. Financial Statements and Exhibits
EXHIBIT
99.1 News release dated January 16, 2004, announcing Popular, Inc.'s
(the "Corporation") consolidated earnings for the quarter and year ended
December 31, 2003.
Item 9. Regulation FD Disclosure
On January 16, 2004, the U.S. District Court for the District of
Puerto Rico approved a request filed by the U.S. Department of Justice to
dismiss the one-count information filed against Banco Popular de Puerto
Rico ("Banco Popular") on January 16, 2003, and proceeded to dismiss
it,effective immediately. The United States noted that the period of twelve
months had expired and Banco Popular was in full compliance with all of its
obligations under the Deferred Prosecution Agreement.
The course of action taken by the Court follows the terms of a
Deferred Prosecution Agreement among Banco Popular, the U.S. Department of
Justice, the Federal Reserve system, and the Financial Crimes Enforcement
Network of the U.S. Department of Treasury (FinCEN), approved on January 16,
2003.
The Agreement stipulated the U.S. Department of Justice would request
the dismissal of one-count information within 30 days after the 12-month period
following the settlement, provided Banco Popular complied with its obligations
under the Agreement over the course of one year.
Item 12. Results of Operations and Financial Condition
On January 16, 2004, the Corporation issued a news release announcing
its unaudited operational results for the quarter and year ended December 31,
2003, a copy of which is attached as Exhibit 99.1 to this Current Report on Form
8-K and incorporated herein by reference. This information is furnished under
both, Item 5. Other Events and Regulation FD Disclosure and Item 12. Results of
Operations and Financial Condition in accordance with SEC Release No. 33-8176.
The information in this Form 8-K, including this Item 12 and Exhibit 99.1, shall
be deemed to be filed for purposes of the Securities Exchange Act of 1934, as
amended.
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.
POPULAR, INC.
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(Registrant)
Date: January 16, 2004 By: S/Amilcar L. Jordan
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Name: Amilcar L. Jordan
Title: Senior Vice President
and Comptroller
EXHIBIT INDEX
Exhibit Number Description
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99.1 News release, dated January 16, 2004