SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): December 16, 2011
MERRILL LYNCH, PIERCE, FENNER & SMITH INCORPORATED
(Exact name of Registrant as specified in its charter)
Telecom HOLDRS (SM) Trust
[Issuer with respect to the receipts]
One Bryant Park
New York, New York 10036
(Address of principal executive offices and zip code)
(Registrant’s telephone number, including area code)
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.):
¨ 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))
The Telecom HOLDRS Trust hereby updates its Form 8-K dated November 10, 2011, which announced that (i) the Telecom HOLDRS Trust would terminate, under its Depositary Trust Agreement, as amended, on or around December 20, 2011, (ii) following that termination, holders of Telecom HOLding Company Depositary Receipts (“HOLDRS”) would have until the expiration of a period of four months after the termination date (the date on which that period ends being referred to as the “Last Withdrawal Date”) to decide if they would like to retain their ownership interest in the underlying securities of the Telecom HOLDRS and (iii) if holders of Telecom HOLDRS did not surrender their HOLDRS and request delivery of the underlying securities by the Last Withdrawal Date, The Bank of New York Mellon, as Trustee of the Telecom HOLDRS Trust (the “Trustee”), had the right to sell those securities and holders of Telecom HOLDRS would be entitled to receive the net proceeds of such sales upon any subsequent surrender of their HOLDRS.
The Telecom HOLDRS Trust has been advised by the Trustee that it has decided to extend the period during which you may surrender your Telecom HOLDRS and request delivery of the underlying securities from a period of four months following the termination date of the Telecom HOLDRS Trust to a period of 12 months following the termination date of the Telecom HOLDRS Trust. In addition, the Telecom HOLDRS Trust is now scheduled to terminate on December 23, 2011. Accordingly, the Last Withdrawal Date is now 12 months following the termination date of the Telecom HOLDRS Trust, or December 24, 2012.
On December 16, 2011, Merrill Lynch, Pierce, Fenner & Smith Incorporated, as Initial Depositor, issued a press release regarding this change to the post-termination period for the Telecom HOLDRS Trust. A copy of the press release is attached hereto as Exhibit 99.1. Exhibit 99.1 is being furnished to, and not filed with, the Securities and Exchange Commission.
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.
Number and Description of Exhibit