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
January 21, 2004
Date of Report (date of earliest event reported)
ACTUATE CORPORATION
(Exact name of registrant as specified in its charter)
Delaware 0-24607 94-3193197
(State or other jurisdiction (Commission (I.R.S. Employer
of incorporation) File Number) Identification No.)
701 Gateway Boulevard, South San Francisco,
California 94080 (Address of principal
executive offices, including zip code)
(650) 837-2000
(Registrant's telephone number, including area code)
Item 9. Regulation FD Disclosure
This Form 8-K is being furnished to report that on January 21, 2004, Actuate
issued a press release announcing that the Securities and Exchange Commission
has terminated its investigation regarding two software license transactions
that the company executed with Unify Corporation in early 2000, and has
recommended that no enforcement action be taken against either Actuate
Corporation or Nico Nierenberg . A copy of the press release is attached as
Exhibit 99.1 hereto.
SIGNATURES
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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.
ACTUATE CORPORATION
(Registrant)
Date: January 21, 2004
/s/ DANIEL A. GAUDREAU
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Daniel A. Gaudreau
Senior Vice President, Finance and
Administration and Chief Financial Officer
INDEX TO EXHIBITS
99.1 Press Release dated January 21, 2004.