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) December 15, 2010
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: (914) 422-2700
(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)) |
| Item 5.02 | Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers. |
On December 15, 2010, Dr. Scott D. Hayworth tendered his resignation as a Director of CMS Bancorp, Inc. (the “Company”) and Community Mutual Savings Bank (the “Bank”), effective December 31, 2010. Dr. Hayworth’s term would have expired at the 2011 Annual Meeting of Shareholders of the Company. His resignation was due to personal reasons and was not the result of any disagreement with the Company or Bank on any matter relating to the Company’s or Bank’s operations, policies or practices. At this time, the Company and Bank have not made any decisions with respect to electing a replacement for Dr. Hayworth.
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. (Registrant) | ||||
| December 15, 2010 | /S/ STEPHEN DOWD | |||
| (Date) | Stephen Dowd Senior Vice President and Chief Financial Officer | |||