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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 11-K
     
þ   Annual Report Pursuant to Section 15(d) of the Securities Exchange Act of 1934
For the Fiscal Year Ended December 31, 2008
or
     
o   Transition Report Pursuant to Section 15(d) of the Securities Exchange Act of 1934
for the transition period from                      to                     
Commission File Number 0-13928
U.S. Global Investors, Inc. Employee
Stock Purchase Plan
(Full title of the Plan)
U.S. GLOBAL INVESTORS, INC.
7900 Callaghan Road
San Antonio, Texas 78229
Telephone Number: 210-308-1234
(Name of issuer of the securities held pursuant to the plan and the address of its principal executive office)
 
 
 

 


 

U.S. GLOBAL INVESTORS, INC.
EMPLOYEE STOCK PURCHASE PLAN
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Exhibits
   
 
   
Ex-23.1: Consent of BDO LLP, Independent Registered Public Accounting Firm
   
 EX-23.1

 


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Report of Independent Registered Public Accounting Firm
To the Compensation Committee of the Board of Directors of
U.S. Global Investors, Inc. and the Participants of the
U.S. Global Investors, Inc. Employee Stock Purchase Plan
San Antonio, Texas
We have audited the accompanying statements of income and changes in plan equity of the U.S. Global Investors, Inc. Employee Stock Purchase Plan (the Plan) for the years ended December 31, 2008, 2007 and 2006. These financial statements are the responsibility of the Plan’s management. Our responsibility is to express an opinion on these financial statements based on our audits.
We conducted our audits in accordance with the standards of the Public Company Accounting Oversight Board (United States). Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. The Plan is not required to have, nor were we engaged to perform, an audit of its internal control over financial reporting. Our audits included consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Plan’s internal control over financial reporting. Accordingly, we express no such opinion. An audit also includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements, assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion.
In our opinion, the financial statements referred to above present fairly, in all material respects, the statements of income and changes in plan equity of the U.S. Global Investors, Inc. Employee Stock Purchase Plan for the years ended December 31, 2008, 2007 and 2006 in conformity with accounting principles generally accepted in the United States of America.
     
/s/ BDO Seidman LLP
 
BDO Seidman, LLP
   
Dallas, Texas
   
March 30, 2009

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Statements of Income and Changes in Plan Equity
For the years ended December 31, 2008, 2007 and 2006
                         
Year Ended December 31,   2008     2007     2006  
 
Participant contributions
  $ 105,301     $ 87,907     $ 67,484  
Employer contributions
    98,555       85,903       65,204  
Disbursements to purchase Class A common stock of U.S. Global Investors, Inc.
    (203,856 )     (173,810 )     (132,688 )
 
                 
Net additions
                 
Plan equity at beginning of year
                 
 
                 
Plan equity at end of year
  $     $     $  
 
                 
The accompanying notes are an integral part of these financial statements.

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NOTES TO FINANCIAL STATEMENTS
1.   Description of Plan
 
    General
 
    The following is a brief description of the U.S. Global Investors, Inc. Employee Stock Purchase Plan (the “Plan”). The Plan is designed to encourage and assist employees of U.S. Global Investors, Inc. (the “Company”) and its subsidiaries with an opportunity to purchase common stock of the Company. Participants should refer to the Plan document for a more complete description of the Plan.
 
    The Plan was declared effective on July 1, 2003.
 
    Common stock for the Plan is issued from the Company’s authorized but unissued shares of stock. The aggregate number of shares that may be issued under the Plan cannot exceed 150,000 (adjusted effective March 29, 2007, for the effect of a two-for-one stock split of the Company’s common stock).
 
    No statement of financial condition has been included in these financial statements as the Plan held no assets or liabilities, all transactions had been processed, and all shares had been disbursed to participants as of December 31, 2008, 2007 and 2006.
 
    Eligibility
 
    An employee of the Company or subsidiary is eligible to participate in the Plan if the employee is an employee (not an independent contractor), works more than 20 hours per week, and for more than five months per year. Eligible employees may enroll in the Plan as of the election date. The election date is the first business day of each month.
 
    Contributions
 
    A Plan participant can contribute an after-tax payroll deduction from each payment of compensation during the purchase period of a stated dollar amount or in integral percentage amount with a minimum deduction of $25 per payroll period. A participant may change the deduction to any permissible level effective as of any election date. The Company will match an employee’s contributions dollar for dollar up to 3% of the employee’s salary.
 
    Discontinuance of Participation
 
    A participant may voluntarily cease his or her participation in the Plan and stop payroll deductions at any time by filing a purchase agreement at such time in advance of the effective date as the committee shall prescribe. If a participant ceases participation in the Plan, the participant may request payment of any funds held in his or her account under the Plan, and the participant may not again elect to participate in the Plan until the next election date. Notwithstanding anything in the Plan to the contrary, if a participant ceases to be an eligible employee, his or her participation automatically shall cease, no further purchase of stock shall be made for the participant, and any funds credited to the participant’s account under the Plan shall be distributed.
 
    Stock Purchase Provisions
 
    On the first day of the purchase period, eligible employees are granted the option to purchase the Company’s common stock. Effective the last day of the purchase period, the company issues common stock to the participants. The price per share of stock to be sold to participants for each purchase period beginning on the effective date shall be the market value per share on the purchase date.

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    Shares issued pursuant to the Plan and price per share for common stock are as follows:
                         
For the year ended   Purchase Period   Shares Issued   Share Price 
  | | |
December 31, 2008
    12/01/08 - 12/31/08       3,285     $ 4.89  
 
    11/01/08 - 11/30/08       3,320       5.01  
 
    10/01/08 - 10/31/08       2,520       7.21  
 
    09/01/08 - 09/30/08       1,798       10.05  
 
    08/01/08 - 08/31/08       1,161       14.15  
 
    07/01/08 - 07/31/08       1,107       14.99  
 
    06/01/08 - 06/30/08       1,005       16.75  
 
    05/01/08 - 05/31/08       1,086       15.10  
 
    04/01/08 - 04/30/08       1,350       12.97  
 
    03/01/08 - 03/31/08       1,326       13.54  
 
    02/01/08 - 02/29/08       967       16.85  
 
    01/01/08 - 01/31/08       986       17.08  
December 31, 2007
    12/01/07 - 12/31/07       1,006     $ 16.66  
 
    11/01/07 - 11/30/07       970       16.47  
 
    10/01/07 - 10/31/07       707       22.96  
 
    09/01/07 - 09/30/07       771       19.02  
 
    08/01/07 - 08/31/07       701       20.70  
 
    07/01/07 - 07/31/07       675       21.30  
 
    06/01/07 - 06/30/07       602       22.67  
 
    05/01/07 - 05/31/07       633       21.24  
 
    04/01/07 - 04/30/07       477       28.44  
 
    03/01/07 - 03/31/07       527       25.76  
 
    02/01/07 - 02/28/07       678       20.00  
 
    01/01/07 - 01/31/07       622       21.70  
December 31, 2006
    12/01/06 - 12/31/06       396     $ 33.59  
 
    11/01/06 - 11/30/06       500       25.18  
 
    10/01/06 - 10/31/06       792       15.86  
 
    09/01/06 - 09/30/06       1,002       12.29  
 
    08/01/06 - 08/31/06       1,042       11.86  
 
    07/01/06 - 07/31/06       1,216       9.81  
 
    06/01/06 - 06/30/06       1,096       10.58  
 
    05/01/06 - 05/31/06       934       11.34  
 
    04/01/06 - 04/30/06       892       10.38  
 
    03/01/06 - 03/31/06       1,188       7.79  
 
    02/01/06 - 02/28/06       1,196       7.38  
 
    01/01/06 - 01/31/06       930       9.00  

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    Plan Administration
 
    The Plan is administered by the Compensation Committee of the Company’s Board of Directors.
 
    Plan Expenses
 
    The Company shall pay the administrative expenses associated with the Plan.
 
    Plan Termination
 
    Although the Board of Directors of the Company has not expressed any intent to do so, it has the right to terminate the Plan at any time without prior notice. If such right is exercised, all funds contributed to the Plan will be refunded without interest to the participants.
 
2.   Summary of Significant Accounting Policies
 
    The accompanying financial statements have been prepared on the accrual method of accounting in accordance with accounting principles generally accepted in the United States of America.
 
3.   Use of Estimates
 
    The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets, liabilities, and changes therein and disclosure of contingent assets and liabilities. Actual results could differ from those estimates.
 
4.   Federal Income Tax Status
 
    The Plan is not intended to constitute a “employee stock purchase plan” within the meaning of Section 423 of the Internal Revenue Code of 1986, as amended, nor is intended and shall not be construed as constituting an “employee benefit plan,” within the meaning of Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended.
 
5.   Stock Split
 
    On February 21, 2007, the shareholders approved an increase in authorized shares that enabled the Company to declare a two-for-one stock split of the Company’s outstanding shares of common stock, effective March 29, 2007. All share and per share amounts have been adjusted to reflect the retroactive effect of the stock split for all periods presented.

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Signature
Pursuant to the requirements of the Securities Exchange Act of 1934, the Board of Directors, and the Compensation Committee thereof, has duly caused this annual report to be signed on its behalf by the undersigned, thereunto duly authorized.
U.S. Global Investors, Inc.
Employee Stock Purchase Plan
         
/s/ Catherine A. Rademacher
      March 31, 2009
 
       
 
       
Catherine A. Rademacher
  Chief Financial Officer    

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