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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):  August 21, 2008

 

THE HOME DEPOT, INC.

(Exact Name of Registrant as Specified in Charter)

 

 

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))

 

 

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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

 

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

 

On August 21, 2008, the Board of Directors of The Home Depot, Inc. approved an amendment to Article I (Section II) of the Company’s By-Laws to provide that, subject to certain notice and information requirements, a special meeting of shareholders may be called upon receipt of written requests from holders of shares representing at least 25% of the outstanding shares of the Company’s common stock.  This amendment will be effective upon an amendment to the Company’s Certificate of Incorporation to be proposed at the 2009 Annual Meeting of Shareholders.

 

Item 9.01.                           Financial Statements and Exhibits

 

Exhibit		Description
3.1		By-Laws of The Home Depot, Inc. (As Amended and Restated Effective August 21, 2008)

 

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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/ Jack A. VanWoerkom
			Name:  Jack A. VanWoerkom
			Title:  Executive Vice President, Secretary and
			General Counsel

 

 

Date:  August 22, 2008

 

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EXHIBIT INDEX

 

Exhibit		Description
3.1		By-Laws (As Amended and Restated Effective August 21, 2008)

 

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