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 January 6, 2005 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) [ ] 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 2.02. Results of Operations and Financial Condition Attached hereto as Exhibit 99.1 and incorporated by reference herein is the text of a press release issued on January 6, 2005 by the registrant, Actuate Corporation, regarding preliminary financial results for its fourth fiscal quarter ended December 31, 2004. The information in this Current Report on Form 8-K is being furnished and shall not be deemed "filed" for the purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liabilities of that Section. Item 9.01. Financial Statements and Exhibits (c) Exhibits. 99.1 Actuate Corporation Press Release dated January 6, 2005 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: January 6, 2005 /s/ DANIEL A. GAUDREAU ---------------------------------- Daniel A. Gaudreau Chief Financial Officer and Senior Vice President, Finance and Administration