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 5, 2004 -------------- AFC Enterprises, Inc. ---------------------- (Exact name of registrant as specified in its charter) Minnesota 000-32369 58-2016606 - ----------------- ------------- ---------------------- (State or other (Commission (IRS Employer jurisdiction File Number) Identification Number) of incorporation) Six Concourse Parkway, Suite 1700, Atlanta, Georgia 30328-5352 - --------------------------------------------------- ---------- (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code: (770) 391-9500 Not applicable -------------- (Former Name or Former Address, if Changed Since Last Report) Item 5. Other Events and Required FD Disclosure. On August 5, 2004, AFC Enterprises, Inc. (the "Company") announced that it had been informed by the NASDAQ Listing Qualifications Panel that its common stock will begin trading again on the NASDAQ National Market on Monday, August 9, 2004, under the trading symbol AFCE. A copy of the Company's press release is attached to this Current Report on Form 8-K as Exhibit 99.1 and is incorporated herein by reference. Item 7. Financial Statements, Pro Forma Financial Information and Exhibits. (c) Exhibits. 99.1 Press Release dated August 5, 2004. 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. AFC ENTERPRISES, INC. Date: August 5, 2004 By: /s/ Frank J. Belatti ---------------------------- Frank J. Belatti Chairman of the Board and Chief Executive Officer EXHIBIT INDEX 99.1 Press Release dated August 5, 2004.