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, 2004
KANSAS CITY SOUTHERN
(Exact name of company as specified in its charter)
DELAWARE 1-4717 44-0663509
(State or other jurisdiction (Commission file number) (IRS Employer
of incorporation) Identification Number)
427 West 12th Street, Kansas City, Missouri 64105
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(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code:
(816) 983 - 1303
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:
[ ] Written communications pursuant to Rule 425 under the Securities Act
(17 CFR 230.425)
[x] 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))
Kansas City Southern is filing, pursuant to Rule 14a-12, the information set
forth below which was furnished in a press release. Although we do not believe
this is soliciting material under Rule 14a-12, we are disclosing this
information in an abundance of caution.
Item 8.01 Other Events
KCS is filing under Item 8.01 of this Current Report on Form 8-K the information
included as Exhibit 99.1 to this report. Exhibit 99.1 is the KCS news release,
dated October 6, 2004, announcing that Mexico's Foreign Investment Commission
("FIC") has notified KCS of its approval of KCS' new application for authority
to acquire TMM's interest in TFM, S.A. de C.V. ("TFM"). TFM is a major freight
rail carrier in Mexico. The approval of the FIC is necessary for a foreign
company to become a majority owner of a Mexican railway company and will remain
valid until October 5, 2005.
Item 9.01. Financial Statements and Exhibits
(c) Exhibits
Exhibit No. Document
(99) Additional Exhibits
99.1 Press Release issued jointly by Kansas City
Southern and Grupo TMM dated
October 6, 2004 entitled, "Kansas City
Southern and Grupo TMM Receive Approval
From Mexican Foreign Investment
Commission," is attached hereto as
Exhibit 99.1
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.
Kansas City Southern
Date: October 7, 2004 By: /s/ James S. Brook
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James S. Brook
Vice President and Comptroller
(Principal Accounting Officer)