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):
AUGUST 13, 2003
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
-------------------------------------------------
(Address of principal executive offices) (Zip Code)
COMPANY'S TELEPHONE NUMBER, INCLUDING AREA CODE:
(816) 983 - 1303
NOT APPLICABLE
(Former name or former address if changed since last report)
ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS
(c) Exhibits
EXHIBIT NO. DOCUMENT
(99) Additional Exhibits
99.1 Press Release issued by Kansas City
Southern dated August 13, 2003
entitled, "Grupo TMM, S.A. and Kansas
City Southern Announce Mexico's Foreign
Investment Commission to Release NAFTA
Rail Decision on or before August 28,
2003," is attached hereto as Exhibit
99.1
ITEM 9. REGULATION FD DISCLOSURE
Kansas City Southern ("KCS" or "Company") is furnishing under Item 9 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 August 13, 2003, announcing
that Mexico's Foreign Investment Commission will release its NAFTA Rail Decision
on or before August 28, 2003. The information included in this Current Report on
Form 8-K, including Exhibit 99.1, is furnished pursuant to Item 9 and shall not
be deemed to be "filed" for the purposes of Section 18 of the Securities
Exchange Act of 1934 or otherwise subject to the liabilities of that Section.
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the Company
has duly caused this Report to be signed on its behalf by the undersigned
hereunto duly authorized.
Kansas City Southern
Date: August 14, 2003 By: /S/ LOUIS G. VAN HORN
--------------------------------------
Louis G. Van Horn
Vice President and Comptroller
(Principal Accounting Officer)
EXHIBIT 99.1
GRUPO TMM COMPANY CONTACT: AT DRESNER CORPORATE SERVICES:
Jacinto Marina, Chief Financial Officer Kristine Walczak (general investors,
(jacinto.marina@tmm.com.mx) analysts and media)
011-525-55-629-8790 (kwalczak@dresnerco.com)
312-726-3600
Brad Skinner, Senior Vice President
Investor Relations
011-525-55-629-8725
(brad.skinner@tmm.com.mx)
KANSAS CITY SOUTHERN COMPANY CONTACT:
William H. Galligan
(william.h.galligan@kcsr.com)
816-983-1551
GRUPO TMM, S.A. AND KANSAS CITY SOUTHERN ANNOUNCE
MEXICO'S FOREIGN INVESTMENT COMMISSION TO RELEASE NAFTA RAIL DECISION
ON OR BEFORE AUGUST 28, 2003
(August 13, 2003) Kansas City Southern (KCS) (NYSE: KSU) and Grupo TMM, S.A.
(NYSE: TMM and BMV: TMM A; TMM) have announced that Mexico's Foreign Investment
Commission (FIC) will rule on the proposed transaction that would place TFM,
S.A., de C.V. (TFM) under common control of NAFTA Rail on or before August 28,
2003. The approval of the FIC is necessary for a foreign company to become a
majority owner of a Mexican-based company. The revised date is an extension of
the previously announced decision date of August 12 and was granted upon written
request from the FIC in order that the FIC commissioners would have adequate
time to review the proposal.
Mexico's Competition Commission has already approved the proposed transaction.
The FIC is the last Mexican regulatory entity that must approve the transaction
that would change the majority ownership to NAFTA Rail.
KCS is a transportation holding company that has railroad investments in the
United States, Mexico, and Panama. Its primary holding is The Kansas City
Southern Railway Company. Headquartered in Kansas City, Missouri, KCS serves
customers in the central and south central regions of the U.S. KCS's rail
holdings and investments are primary components of a NAFTA Railway system that
links the commercial and industrial centers of the United States, Canada and
Mexico.
Headquartered in Mexico City, Grupo TMM is the premier Mexican multimodal
transportation company and logistics provider. Through its branch offices and
network of subsidiary companies, Grupo TMM provides a dynamic combination of
ocean and land transportation services within Mexico. Grupo TMM also has the
controlling interest in TFM, which operates Mexico's Northeast Rail Lines and
carries over 40 percent of the country's rail cargo.
This press release includes statements concerning potential future events
involving the Company, which could materially differ from the events that
actually occur. The differences could be caused by a number of factors,
including those factors identified in a Current Report on Form 8-K dated
December 11, 2001 filed by the Company with the Securities and Exchange
Commission ("SEC") Commission file no. 1-4717). The Company will not update any
forward-looking statements in this press release to reflect future events or
developments.
# # #