-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, RfDCZEQvrtVkP5C5Pbk4eAIXMaWM+mCy/mKLXRA2Z1L+HA+czZW9uzMCXKCwON/L PzHmDn8VyRxWzgD6rtEqcA== 0001157523-05-008731.txt : 20051012 0001157523-05-008731.hdr.sgml : 20051012 20051012083017 ACCESSION NUMBER: 0001157523-05-008731 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 3 CONFORMED PERIOD OF REPORT: 20051006 ITEM INFORMATION: Changes in Registrant.s Certifying Accountant ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20051012 DATE AS OF CHANGE: 20051012 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ACADIA REALTY TRUST CENTRAL INDEX KEY: 0000899629 STANDARD INDUSTRIAL CLASSIFICATION: REAL ESTATE INVESTMENT TRUSTS [6798] IRS NUMBER: 232715194 STATE OF INCORPORATION: MD FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-12002 FILM NUMBER: 051133925 BUSINESS ADDRESS: STREET 1: 20 SOUNDVIEW MARKETPLACE STREET 2: PO BOX 1679 CITY: PORT WASHINGTON STATE: NY ZIP: 11050 BUSINESS PHONE: 5167678830 MAIL ADDRESS: STREET 1: 600 THIRD AVE STREET 2: PO BOX 1679 CITY: KINGSTON STATE: PA ZIP: 18704 FORMER COMPANY: FORMER CONFORMED NAME: MARK CENTERS TRUST DATE OF NAME CHANGE: 19930329 8-K 1 a4992879.txt ACADIA REALTY TRUST 8-K 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 6, 2005 ACADIA REALTY TRUST (Exact name of registrant as specified in its charter) Maryland 1-12002 23-2715194 (State or other (Commission (I.R.S. Employer jurisdiction of incorporation) File Number) Identification No.) 1311 Mamaroneck Avenue, Suite 260 White Plains, New York 10605 (Address of principal executive offices) (Zip Code) (914) 288-8100 (Registrant's telephone number, including area code) (Former name or former address, if changed since last report) Item 4.01 Changes In Registrant's Certifying Accountant On October 6, 2005, the Audit Committee of the Registrant's Board of Directors agreed, by resolution, to terminate the services of the Registrant's independent registered public accounting firm, Ernst and Young, LLP ("Ernst and Young"). The Audit Committee further resolved to hire the accounting firm BDO Seidman, LLP as Ernst and Young's replacement. Ernst and Young's reports on the Registrant's financial statements for the past two fiscal years did not contain an adverse opinion or disclaimer of opinion, nor were the statements qualified or modified as to uncertainty, audit scope, or accounting principles. In connection with the audits of the Registrant's financial statements for each of the fiscal years ended December 31, 2004 and 2003, and in the subsequent interim period, there were no disagreements with Ernst and Young on any matters of accounting principles or practices, financial statement disclosure, or auditing scope and procedures which, if not resolved to the satisfaction of Ernst and Young would have caused Ernst and Young to make reference to the matter in their report. In addition, there have been no reportable events as defined in Item 304(a)(1)(v) of Regulation S-K. The Company has requested Ernst and Young to furnish it a letter addressed to the Commission stating whether it agrees with the above statements. A copy of that letter, dated October 6, 2005 is filed as Exhibit 16.1 to this Form 8-K. The Registrant has given Ernst and Young authorization to fully respond to the inquiries of the Registrant's new accountants, BDO Seidman, LLP, concerning the previous financial statements audited by Ernst and Young. The Registrant placed no limitations upon Ernst and Young, whatsoever. Neither the Registrant nor anyone acting on its behalf has consulted with BDO Seidman, LLP regarding the application of accounting principles to any specified transaction, either completed or proposed, or the type of audit opinion that might be rendered on the Registrant's financial statements, or any other matters of reportable events listed in Items 304(a)(2)(i) and (ii) of Regulation S-K. Item 9.01 Financial Statements, Pro Forma Financial Information and Exhibits (c) Exhibits 16.1 Letter from Ernst and Young to the Securities and Exchange Commission dated October 6, 2005 99.1 Press release announcing change in Registrant's certifying accountant SIGNATURES 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. ACADIA REALTY TRUST (Registrant) Date: October 6, 2005 By: /s/ Michael Nelsen ------------------ Name: Michael Nelsen Title: Sr. Vice President and Chief Financial Officer EX-16.1 2 a4992879ex16_1.txt EXHIBIT 16.1 - LETTER Exhibit 16.1 October 6, 2005 Securities and Exchange Commission 100 F Street, N.E. Washington, DC 20549 Gentlemen: We have read Item 4.01 of Form 8-K dated October 6, 2005 of Acadia Realty Trust and are in agreement with the statements contained in the second, third, fourth and fifth paragraphs on page 2 therein. We have no basis to agree or disagree with other statements of the registrant contained therein. Very truly yours, /s/ ERNST AND YOUNG, LLP EX-99.1 3 a4992879ex99_1.txt EXHIBIT 99.1 - PRESS RELEASE Exhibit 99.1 Acadia Realty Trust Announces Change in Auditors NEW YORK--(BUSINESS WIRE)--Oct. 12, 2005--Acadia Realty Trust (NYSE: AKR) announced today that it has engaged BDO Seidman, LLP as its independent registered public accounting firm. The Audit Committee of Acadia's Board of Directors agreed, by resolution, not to continue the engagement of the Company's independent registered public accounting firm, Ernst and Young, LLP ("Ernst and Young"). The Audit committee further resolved to engage the accounting firm, BDO Seidman, LLP effective immediately. The decision was based primarily on the Audit Committee's efforts to reduce Acadia's costs for accounting services. The Company has not had any disagreements with Ernst and Young during the interim period from January 1, 2005 through the date of disengagement, nor any disagreements related to any prior years' audits. Acadia Realty Trust, headquartered in White Plains, NY, is a fully integrated and self-managed real estate investment trust which specializes in the acquisition, redevelopment and operation of shopping centers which are anchored by grocery and value-oriented retail. Certain matters in this press release may constitute forward-looking statements within the meaning of federal securities law and as such may involve known and unknown risk, uncertainties and other factors which may cause the actual results, performances or achievements of Acadia to be materially different from any future results, performances or achievements expressed or implied by such forward-looking statements. Such forward-looking statements speak only as of the date of this press release. Acadia expressly disclaims any obligation or undertaking to release publicly any updates or revisions to any forward-looking statements contained herein to reflect any change in Acadia's expectations with regard thereto or change in events, conditions or circumstances on which any such statement is based. The Company also refers you to the documents filed by the Company, from time to time, with the Securities and Exchange Commission, including without limitation the Company's Annual Report on Form 10-K, for a discussion of such risks and uncertainties. For more information, visit Acadia's Web site at www.acadiarealty.com. CONTACT: Acadia Realty Trust Investor Relations: Jon Grisham, 914-288-8142 -----END PRIVACY-ENHANCED MESSAGE-----