SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K/A
CURRENT REPORT PURSUANT
TO SECTION 13 OR 15(D) OF THE
SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of earliest event reported): May 23, 2003
SYMS CORP
---------
(Exact name of Registrant as Specified in its Charter)
New Jersey
-------------
(State or other Jurisdiction of Incorporation)
1-8546 22-2465228
------------------------ ---------------------------------
(Commission File Number) (IRS Employer Identification No.)
Syms Way, Secaucus, NJ 07094
--------------------------------------- -------
(Address of Principal Executive Offices) (Zip Code)
Registrant's Telephone Number, Including Area Code (201) 902-9600
-------------
------------------------------------------------------------
(Former Name or Former Address, if Changed Since Last Report )
Item 4. Changes in the Registrant's Certifying Accountant.
On May 23, 2003, upon the recommendation of the Registrant's Audit
Committee, the Registrant's Board of Directors voted to approve the engagement
of BDO Seidman, LLP ( "BDO Seidman") as the Registrant's independent auditors.
BDO Seidman will replace Deloitte & Touche LLP ("Deloitte") as the Registrant's
independent auditors. Effective May 28, 2003, the Registrant dismissed Deloitte
as the Registrant's independent auditors.
None of Deloitte's reports on the Registrant's consolidated financial
statements for the past two years contained an adverse opinion or a disclaimer
of opinion, or was qualified or modified as to uncertainty, audit scope or
accounting principles.
During the Registrant's two most recent fiscal years and through the date
of this Current Report, there were no disagreements between the Company and
Deloitte on any matter of accounting principles or practices, financial
statement disclosure, or auditing scope or procedure, which, if not resolved to
Deloitte's satisfaction, would have caused Deloitte to make reference to the
subject matter in connection with its report on the Registrant's consolidated
financial statements for such period; and there were no reportable events, as
defined in Item 304(a)(1)(v) of Regulation S-K.
The Registrant provided Deloitte with a copy of the foregoing statements.
Attached as Exhibit 16.1 is a copy of a letter from Deloitte stating its
agreement with such statements.
During the Registrant's two most recent fiscal years, and through the date
of this Current Report, the Registrant did not consult BDO Seidman with respect
to (i) the application of accounting principles to a specified transaction,
either completed or proposed, or the type of audit opinion that might be
rendered on the Registrant's consolidated financial statements; or (ii) any
matter that was either the subject of a disagreement (as defined in Item
304(a)(1)(iv) of Regulation S-K and the related instructions to this item) or a
reportable event (as defined in Item 304(a)(1)(v) of Regulation S-K).
Item 7. Financial Statements, Pro Forma Financial Information and Exhibits
Exhibit Number Description
-------------- -----------
16.1 Letter from Deloitte & Touche LLP to the Securities and Exchange
Commission, dated June 3, 2003
-2-
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 thereunto duly authorized.
SYMS CORP
(Registrant)
By: /s/ Antone F. Moreira
--------------------------
Name: Antone F. Moreira
Title: Vice President, Chief
Financial Officer
Date: June 3, 2003
-3-
Exhibit Number Description
-------------- -----------
16.1 Letter from Deloitte & Touche LLP to the Securities and Exchange
Commission, dated June 3, 2003
-4-