- Current report filing (8-K)

 

 

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) February 20, 2009

 

 

CMS Bancorp Inc.

(Exact name of registrant as specified in its charter)

 

 

 

Delaware		001-33322		20-8137247
(State or other jurisdiction of incorporation)		(Commission File Number)		(IRS Employer Identification No.)

 

123 Main Street, Suite 750 White Plains, New York		10601
(Address of principal executive offices)		(Zip Code)

Registrant’s telephone number, including area code: [phone]

 

(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 communications 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))

 

 

 

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Item 5.03

Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year.

On February 20, 2009, CMS Bancorp, Inc. (the “Registrant”), filed a Certificate of Amendment with the Delaware Secretary of State to amend the Registrant’s Certificate of Incorporation. The amendment, which became effective upon filing, reduces the number of authorized shares of the Company’s common stock from 14,000,000 to 7,000,000. The Certificate of Amendment to the Company’s Certificate of Incorporation is attached as Exhibit 3.1 to this Current Report on Form 8-K and is incorporated herein by reference.

 

Item 9.01

Financial Statements and Exhibits.

 

Exhibit 3.1.		Certificate of Amendment to Certificate of Incorporation filed with the Delaware Secretary of State on February 20, 2009.

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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.

 

		CMS Bancorp Inc.
Date: February 23, 2009		By:		/s/ Stephen Dowd
				Stephen Dowd
				Senior Vice President and Chief Financial Officer