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):
October 1, 2014
DORAL FINANCIAL CORPORATION
(Exact name of registrant as specified in its charter)
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Puerto Rico |
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001-31579 |
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66-0312162 |
(State or other jurisdiction of
incorporation or organization) |
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(Commission
File Number) |
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(IRS Employer
Identification No.) |
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1451 Franklin D. Roosevelt Avenue, San Juan, Puerto Rico |
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00920-2717 |
(Address of principal executive offices) |
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(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.
As disclosed in a Form 8-K filed by the Company with the Securities and Exchange Commission on October 1, 2014, Doral Bank received a second prompt
corrective action (PCA) letter, dated September 26, 2014, from the Federal Deposit Insurance Corporation (FDIC). That letter did not materially change the requirements imposed on Doral Bank from a prior prompt corrective action letter dated June 12,
2014. The September PCA letter informs Doral Bank that the FDIC has not yet received the capital restoration and contingency plans required by the consent order between Doral Bank, the FDIC and the Puerto Rico Commissioner of Financial
Institutions.
The recent PCA letter requiring Doral Bank to file capital restoration and contingency plans refers to requirements imposed by the FDIC with
respect to formal written documents that must be submitted by Doral Bank to the FDIC. Given that transactions that form the basis for these plans have only recently been completed or are still underway, information for the plans is still being
developed and finalized. Doral Bank continues to keep the FDIC apprised of the development of its written capital restoration and contingency plans. Once Doral Bank has consummated the last of the transactions that are underway, and which are
subject to compliance with regulatory requirements, Doral Bank intends to embody the information already provided to the FDIC in a formal written capital restoration plan and a contingency plan reflecting the then-operating size and business
activities of Doral Bank and to submit those written plans to the FDIC to satisfy FDIC requirements.
Doral Bank maintains readily available liquidity
sources of approximately $1B, which is adequate liquidity to continue to operate its business and serve its clients both in the Puerto Rico and US markets.
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 Securities and Exchange Commission (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, whether purchase price adjustments or claims of indemnification will be made in connection with the sale of the Initial Commercial Assets or the Assets and whether Doral will have liability in respect of
any such claim, and the effect of legal or regulatory proceedings, tax legislation and tax rules, deferred tax assets and related reserves, the ability to collect the monies due to the Company or its subsidiaries from the Commonwealth and the
ability of the Company to finalize the terms of settlement with the Commonwealth relating to the 2012 Closing Agreement, 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, 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.
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Company Name |
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Doral Financial Corporation |
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Date: October 1, 2014 |
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By: |
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/s/ Enrique R. Ubarri |
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Enrique R. Ubarri Executive Vice President
and General Counsel |
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