SEC Form 3
FORM 3 UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

INITIAL STATEMENT OF BENEFICIAL OWNERSHIP OF SECURITIES

Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934
or Section 30(h) of the Investment Company Act of 1940
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1. Name and Address of Reporting Person*
Skomra Bernard

(Last) (First) (Middle)
2207 BRIDGEPOINTE PARKWAY
SUITE 500

(Street)
SAN MATEO CA 94404

(City) (State) (Zip)
2. Date of Event Requiring Statement (Month/Day/Year)
01/26/2010
3. Issuer Name and Ticker or Trading Symbol
ACTUATE CORP [ ACTU ]
4. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
Director 10% Owner
X Officer (give title below) Other (specify below)
SVP Worldwide Operations
5. If Amendment, Date of Original Filed (Month/Day/Year)
6. Individual or Joint/Group Filing (Check Applicable Line)
X Form filed by One Reporting Person
Form filed by More than One Reporting Person
Table I - Non-Derivative Securities Beneficially Owned
1. Title of Security (Instr. 4) 2. Amount of Securities Beneficially Owned (Instr. 4) 3. Ownership Form: Direct (D) or Indirect (I) (Instr. 5) 4. Nature of Indirect Beneficial Ownership (Instr. 5)
Common Stock 20,750(1)(2) D
Table II - Derivative Securities Beneficially Owned
(e.g., puts, calls, warrants, options, convertible securities)
1. Title of Derivative Security (Instr. 4) 2. Date Exercisable and Expiration Date (Month/Day/Year) 3. Title and Amount of Securities Underlying Derivative Security (Instr. 4) 4. Conversion or Exercise Price of Derivative Security 5. Ownership Form: Direct (D) or Indirect (I) (Instr. 5) 6. Nature of Indirect Beneficial Ownership (Instr. 5)
Date Exercisable Expiration Date Title Amount or Number of Shares
Option (right to buy) 12/17/2008(3) 12/17/2017 Common Stock 150,000 $6.93 D
Option (right to buy) 02/01/2010(4) 02/01/2019 Common Stock 100,000 $3.56 D
Option (right to buy) 01/26/2011(5) 01/26/2020 Common Stock 212,500 $4.8 D
Explanation of Responses:
1. Includes 18,750 shares of Issuer's common stock underlying restricted stock units ("RSUs") awarded to Reporting Person. The RSUs will vest in a series of four equal annual installments, with the first to vest on February 26, 2011 and the remaining installments to vest on the second, third and fourth anniversaries of the January 26, 2010 award date, provided the Reporting Person reamins in the Issuer's service through each such date, subject to accelerated vesting upon the Reporting Person's termination of employment under certain prescribed circumstances within 12 months following certain changes in ownership or control of the Issuer or during the period commencing with the Issuer's execution of a difinitive agreement to effect a change in control and ending on the earlier to occur of (i) the closing of the change in control transaction or (ii) the termination of such definitive agreement.
2. Unless the Reporting Person elects to derer the issuance of the shares until the Reporting Person's separation from service from the Issuer, the shares of the Issuer's common stock will be issued as the RSUs vest.
3. Option becomes exercisable as to 1/4 of the option shares on 12/17/2008 and for the balance in a series of equal monthly installments over the following 36 months.
4. Option becomes exercisable as to 1/4 of the option shares on 02/01/2010 and for the balance in a series of equal monthly installments over the following 36 months.
5. Option becomes exercisable as to 1/4 of the option shares on 01/26/2011 and for the balance in a series of equal monthly installments over the following 36 months.
/s/ Bernard Skomra 03/01/2010
** Signature of Reporting Person Date
Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly.
* If the form is filed by more than one reporting person, see Instruction 5 (b)(v).
** Intentional misstatements or omissions of facts constitute Federal Criminal Violations See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a).
Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure.
Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number.