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): January 13, 2005 ---------------- Commerce Bancorp, Inc. ---------------------- (Exact name of registrant as specified in its charter) New Jersey 1-12069 22-2433468 ---------- --------------------- --------------- (State or other (Commission File Number) (IRS Employer jurisdiction Identification of incorporation) Number) Commerce Atrium, 1701 Route 70 East, Cherry Hill, NJ 08034-5400 ---------------------------------------------------- ---------- (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code: 856-751-9000 ------------ N/A -------------------------------------------------------------------------------- (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: ___ Written communication 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 On January 13, 2005 the Registrant issued a press release reporting its results for the fourth quarter of 2004. A copy of the press release is attached as Exhibit 99.1 to this report. On January 13, 2005 the Registrant also made certain supplemental information available. A copy of the supplemental information is attached as Exhibit 99.2 to this report. ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS (c) Exhibits 99.1 Press Release, dated January 13, 2005 99.2 Supplemental Information. 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. COMMERCE BANCORP, INC. Date: January 13, 2005 By: /s/ DOUGLAS J. PAULS ----------------------------- Douglas J. Pauls Senior Vice President and Chief Financial Officer EXHIBIT INDEX Exhibit No. 99.1 Press Release, dated January 13, 2005. 99.2 Supplemental Information.