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 3, 2009 (August 3, 2009)
Dividend Capital Total Realty Trust Inc.
(Exact Name of Registrant as Specified in Charter)
| Maryland | 333-125338 | 30-0309068 | ||
(State or other jurisdiction of incorporation) | (Commission File Number) | (IRS Employer Identification No.) |
| 518 Seventeenth Street, 17th Floor, Denver, CO | 80202 | |
| (Address of Principal Executive Offices) | (Zip Code) |
Registrant’s telephone number, including area code (303) 228-2200
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):
| ¨ | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
| ¨ | 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)) |
| Item 7.01 | Regulation FD Disclosure. |
Attached to this Current Report on Form 8-K is a letter from Dividend Capital Total Realty Trust Inc., a Maryland corporation (the “Company”), to its stockholders, dated August 3, 2009, and a list of “frequently asked questions”. The full text of the letter is attached as Exhibit 99.1 and the full text of the list of “frequently asked questions” is attached as Exhibit 99.2 to this Current Report on Form 8-K and are incorporated by reference into this Item 7.01.
The information in this Item 7.01 disclosure, including Exhibit 99.1 and Exhibit 99.2, is being furnished pursuant to Regulation FD and shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or otherwise subject to the liabilities under that Section. In addition, the information in this Item 7.01 disclosure, including Exhibit 99.1 and 99.2, shall not be incorporated by reference into the filings of the Company under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific reference in such filing.
| Item 9.01 | Financial Statements and Exhibits |
(d) Exhibits
| 99.1 | Dividend Capital Total Realty Trust Inc. letter to stockholders dated August 3, 2009 | |
| 99.2 | Dividend Capital Total Realty Trust Inc. Frequently Asked Questions | |
SIGNATURES
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.
| Dividend Capital Total Realty Trust Inc. | ||||||
| (Registrant) | ||||||
| Date: August 3, 2009 | By: | /s/ M. Kirk Scott | ||||
| Name: | M. Kirk Scott | |||||
| Title: | Chief Financial Officer | |||||