8-KEarnings & ResultsRegulation FDExhibits & Filings

BANK OF AMERICA CORP /DE/ 8-K Report, Financial Results (Jul 18, 2012)

Filed July 18, 2012For Securities:BACBAC-PBBAC-PKBAC-PLBAC-PMBAC-PNBAC-PSBML-PJBAC-PEBAC-PPBAC-PQBACRPBML-PGBML-PHBML-PLBAC-POMER-PK

Summary

Bank of America Corporation (BAC) filed an 8-K on July 17, 2012, to report its financial results for the second quarter ended June 30, 2012. The company announced a net income of $2.5 billion, or $0.19 per diluted share, for the quarter. This filing includes the press release detailing these results and associated presentation materials for an investor conference call. Investors should note that the information presented under Item 2.02 and its attached exhibits (99.1 and 99.2) is deemed 'filed' and subject to SEC regulations. However, information provided for the Regulation FD disclosure (Item 7.01) and its attached exhibits (99.3 and 99.4), including supplemental information and slides, is furnished and not deemed 'filed' for purposes of Section 18 of the Securities Exchange Act. This distinction is important for understanding the regulatory treatment of the disclosed information.

Key Highlights

  • 1Bank of America reported Q2 2012 net income of $2.5 billion.
  • 2Earnings per diluted share for Q2 2012 were $0.19.
  • 3The 8-K filing incorporates by reference the press release detailing Q2 2012 financial results.
  • 4Associated earnings slides and supplemental information were provided for an investor conference call.
  • 5Information under Item 2.02 (Results of Operations) is considered 'filed'.
  • 6Information under Item 7.01 (Regulation FD Disclosure) is furnished, not 'filed'.
  • 7BAC disclaims any obligation to update information provided in the Regulation FD disclosure.

Frequently Asked Questions

Bank of America reported a net income of $2.5 billion, or $0.19 per diluted share, for the second quarter ended June 30, 2012.

The filing included Exhibits 99.1 and 99.2, which are the press release and select earnings slides for Q2 2012 results. Exhibits 99.3 and 99.4, representing supplemental information and earnings slides, were furnished for an investor conference call.

Information under Item 2.02 ('Results of Operations and Financial Condition') and its exhibits (99.1, 99.2) is deemed 'filed' with the SEC. Information under Item 7.01 ('Regulation FD Disclosure') and its exhibits (99.3, 99.4) is 'furnished' and not considered 'filed' for purposes of Section 18 of the Securities Exchange Act of 1934, meaning it carries different legal implications.

The company explicitly disclaims any obligation or duty to update any of the information provided in the Regulation FD disclosure (Exhibits 99.3 and 99.4), which was presented as of the particular dates referenced therein.