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 October 28, 2003 Date of Report (date of earliest event reported) ACTUATE CORPORATION (Exact name of registrant as specified in its charter) Delaware 0-24607 94-3193197 ---------------------------- --------------- --------------------- (State or other jurisdiction (Commission (I.R.S. Employer of incorporation) File Number) Identification No.) 701 Gateway Boulevard, South San Francisco, California 94080 (Address of principal executive offices, including zip code) (650) 837-2000 (Registrant's telephone number, including area code) Item 7. Financial Statements, Pro Forma Financial Information and Exhibits (c) Exhibits. Exhibit 99.1; Press Release dated October 28, 2003. Item 9. Regulation FD Disclosure This Form 8-K is being furnished to report information pursuant to Item 12 -- Disclosure of Results of Operations and Financial Condition. See Item 12 below. Item 12. Disclosure of Results of Operations and Financial Condition On October 28, 2003, Actuate Corporation issued a press release announcing results for the quarter ended September 30, 2003. A copy of the press release is attached as Exhibit 99.1 hereto. SIGNATURES ------------ 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. ACTUATE CORPORATION (Registrant) Date: October 28, 2003 /s/ DANIEL A. GAUDREAU -------------------------- Daniel A. Gaudreau Senior Vice President, Finance and Administration and Chief Financial Officer INDEX TO EXHIBITS 99.1 Press Release dated October 28, 2003.