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 12, 2004 Commonwealth Bankshares, Inc. ---------------------------------------------------- (Exact name of small business issuer in its charter) Virginia 01-17377 54-1460991 - ---------------------------- ----------- ---------------- (State or other jurisdiction (Commission (I.R.S. Employer of incorporation) File Number) Identification No.) 403 Boush Street, Norfolk, Virginia 23510 --------------------------------------------------- (Address of principal executive offices) (Zip Code) Registrant's telephone number including area code: (757) 446-6900 Item 9. Regulation FD Disclosure On August 12, 2004, Commonwealth Bankshares, Inc. issued a press release announcing its record earnings for the year ended June 30, 2004. This information is being furnished pursuant to Item 12, "Results of Operations and Financial Condition," of Form 8-K. A copy of the press release is furnished herewith as Exhibit 99.1. 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 thereunto duly authorized. Commonwealth Bankshares, Inc. Date: August 12, 2004 By: /s/ Cynthia A. Sabol, CPA ----------------------------------- Name: Cynthia A. Sabol, CPA Title: Executive Vice President and Chief Financial Officer Exhibit Index Exhibit No. Description ----------- ----------- 99.1 Press Release dated August 12, 2004.