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): May 30, 2014
DORAL FINANCIAL CORPORATION
(Exact name of registrant as specified in its charter)
Puerto Rico | 001-31579 | 66-0312162 | ||
(State or other jurisdiction of incorporation or organization) |
(Commission File Number) |
(IRS Employer Identification No.) |
1451 Franklin D. Roosevelt Avenue, San Juan, Puerto Rico | 00920-2717 | |
(Address of principal executive offices) | (Zip Code) |
Registrants telephone number, including area code: | (787) 474-6700 |
(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 (see General Instruction A.2. below):
¨ | 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 8.01. | Other Events. |
On May 30, 2014, Doral Financial Corporation (the Company) received a letter from the Federal Reserve Bank of New York (the FRBNY) stating that the FRBNY had determined that the Company must classify a tax receivable agreement totaling $229.9 million from Commonwealth of Puerto Rico as a loss and write off the asset on the balance sheet of the Company. The FRBNY has the regulatory authority to disqualify the treatment of this Puerto Rico tax receivable as capital at the Company and based upon the Federal Deposit Insurance Corporations determination to disallow the Puerto Rico tax receivable as Tier 1 Capital at Doral Bank the Company anticipated similar action by the FRBNY. This Puerto Rico tax receivable was contributed to Doral Bank and accordingly the Company disagrees with various elements of the FRBNYs direction to write off the asset at Doral Bank. The Company is seeking to clarify the determination by the FRBNY. In addition, the Company is working to determine whether an impairment charge to the Puerto Rico tax receivables asset in the second fiscal quarter of 2014 is appropriate under generally accepted accounting principles and if so the amount of such impairment. Currently, the Company is not able to reasonably estimate the amount of any such impairment.
FORWARD-LOOKING STATEMENTS
This communication contains forward-looking statements within the meaning of, and subject to the protection of, the Private Securities Litigation Reform Act of 1995, as amended. In addition, the Company may make forward-looking statements in its other press releases, filings with the SEC or in other public or shareholder communications and its senior management may make forward-looking statements orally to analysts, investors, the media and others.
These forward-looking statements may relate to the Companys financial condition, results of operations, plans, objectives, future performance and business, including, but not limited to, statements with respect to the adequacy of the allowance for loan and lease losses, delinquency trends, market risk and the impact of general economic conditions, interest rate changes, capital markets conditions, capital adequacy and liquidity, and the effect of legal or regulatory proceedings, tax legislation and tax rules, deferred tax assets and related reserves, compliance and regulatory matters and new accounting standards and guidance on the Companys financial condition and results of operations. Forward-looking statements can be identified by the fact that they do not relate strictly to historical or current facts, but instead represent the Companys current expectations regarding future events. Such forward-looking statements may be generally identified by the use of words or phrases such as would be, will allow, intends to, will likely result, are expected to, will continue, is anticipated, estimate, project, believe, expect, predict, forecast, anticipate, plan, outlook, target, goal, and similar expressions and future conditional verbs such as would, should, could, might, can or may or similar expressions.
The Company cautions readers not to place undue reliance on any of these forward-looking statements since they speak only as of the date made and represent the Companys expectations of future conditions or results and are not guarantees of future performance. The Company does not undertake and specifically disclaims any obligations to update any forward-looking statements to reflect occurrences or unanticipated events or circumstances after the date of those statements other than as required by law, including the requirements of applicable securities laws.
Forward-looking statements are, by their nature, subject to risks and uncertainties and changes in circumstances, many of which are beyond the Companys control. Risk factors and uncertainties that could cause the Companys actual results to differ materially from those described in forward-looking statements can be found in the Companys Annual Report on Form 10-K for the year ended December 31, 2013, which was filed with the SEC on March 21, 2014 and is available on the Companys website at www.doralbank.com, as updated from time to time with the Companys periodic and other reports filed and to be filed with the SEC.
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.
DORAL FINANCIAL CORPORATION | ||||||
Date: June 2, 2014 | By: | /s/ Enrique R. Ubarri | ||||
Enrique R. Ubarri | ||||||
Executive Vice President and General Counsel |