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): May 23, 2007

THE HOME DEPOT, INC.
(Exact Name of Registrant as Specified in Charter)

Delaware

 

1-8207

 

95-3261426

(State or Other Jurisdiction

 

(Commission File Number)

 

(IRS Employer Identification No.)

of Incorporation)

 

 

 

 

 

2455 Paces Ferry Road, N.W. Atlanta, Georgia 30339
(Address of Principal Executive Offices) (Zip Code)

(770) 433-8211
(Registrant’s Telephone Number, Including Area Code)

Not Applicable
(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 (see General Instruction A.2 below):

o   Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o   Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o   Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

o   Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 




TABLE OF CONTENTS

 

Item 5.03 Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year.

 

3

Item 9.01 Financial Statements and Exhibits

 

3

Signature

 

4

Exhibit Index

 

5

 




Item 5.03.     Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year

On May 23, 2007, the Company’s Board of Directors adopted ministerial changes to the Company’s By-Laws.  These changes include eliminating the requirement that the Company appoint an officer with the title of President (an office which is not currently filled) and to provide the Company with the ability to issue uncertificated shares as required by the New York Stock Exchange to enable participation in a direct registration system.

Item 9.01.     Financial Statements and Exhibits.

Exhibit

 

Description

 

 

 

3.1

 

By-Laws, as amended and restated

 

3




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.

THE HOME DEPOT, INC.

 

 

 

 

 

By:

/s/ James C. Snyder

 

 

Name:

James C. Snyder

 

 

Title:

Vice President, Secretary and

 

 

 

Acting General Counsel

 

Date:  May 29, 2007

4




EXHIBIT INDEX

 

Exhibit

 

Description

 

 

 

3.1

 

By-Laws, as amended and restated

 

 

5