Item 16. FORM 10-K SUMMARY
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Item 16. FORM 10-K SUMMARY
None.
BNY Mellon 13
| INDEX TO EXHIBITS | ||
Pursuant to the rules and regulations of the SEC, BNY Mellon has filed certain agreements as exhibits to this Form 10-K. These agreements may contain representations and warranties by the parties to such agreements. These representations and warranties have been made solely for the benefit of the other party or parties to such agreements and (i) may have been qualified by disclosures made to such other party or parties, (ii) were made only as of the date of such agreements or such other date(s) as may be specified in such agreements and are subject to more recent developments, which may not be fully reflected in BNY Mellon’s public disclosure, (iii) may reflect the allocation of risk among the parties to such agreements and (iv) may apply materiality standards that are different from what may be viewed as material to investors. Accordingly, these representations and warranties may not describe BNY Mellon’s actual state of affairs at the date hereof and should not be relied upon.
14 BNY Mellon
| INDEX TO EXHIBITS (continued) | ||
| Exhibit | Description | Method of Filing | |||||||||||||||
| 3.8 | Certificate of Designations of The Bank of New York Mellon Corporation with respect to the Series I Noncumulative Perpetual Preferred Stock, dated Nov. 8, 2021. | Previously filed as Exhibit 3.1 to the Company’s Current Report on Form 8-K (File No. 001-35651) as filed with the Commission on Nov. 16, 2021, and incorporated herein by reference. | |||||||||||||||
| 3.9 | Amended and Restated By-Laws of The Bank of New York Mellon Corporation, as amended and restated on Feb. 12, 2018. | Previously filed as Exhibit 3.1 to the Company’s Current Report on Form 8-K (File No. 001-35651) as filed with the Commission on Feb. 13, 2018, and incorporated herein by reference. | |||||||||||||||
| 4.1 | None of the instruments defining the rights of holders of long-term debt of the Parent or any of its subsidiaries represented long-term debt in excess of 10% of the total assets of the Company as of Dec. 31, 2021. The Company hereby agrees to furnish to the Commission, upon request, a copy of any such instrument. | N/A | |||||||||||||||
| 4.2 | Description of the Company’s Securities Registered Pursuant to Section 12 of the Securities Exchange Act of 1934. | Filed herewith. | |||||||||||||||
| 10.1 | * | The Bank of New York Company, Inc. Excess Benefit Plan as amended through Dec. 8, 1992. | Previously filed as Exhibit 10(d) to The Bank of New York Company, Inc.’s Annual Report on Form 10-K (File No. 001-06152) for the year ended Dec. 31, 1992, and incorporated herein by reference. | ||||||||||||||
| 10.2 | * | Amendment effective as of Aug. 11, 1994 to The Bank of New York Company, Inc. Excess Benefit Plan. | Previously filed as Exhibit 10(g) to The Bank of New York Company, Inc.’s Annual Report on Form 10-K (File No. 001-06152) for the year ended Dec. 31, 1994, and incorporated herein by reference. | ||||||||||||||
| 10.3 | * | Amendment effective as of Nov. 1, 1995 to The Bank of New York Company, Inc. Excess Benefit Plan. | Previously filed as Exhibit 10(i) to The Bank of New York Company, Inc.’s Annual Report on Form 10-K (File No. 001-06152) for the year ended Dec. 31, 1995, and incorporated herein by reference. | ||||||||||||||
| 10.4 | * | Amendment effective as of July 1, 1996 to The Bank of New York Company, Inc. Excess Benefit Plan. | Previously filed as Exhibit 10(kk) to The Bank of New York Company, Inc.’s Annual Report on Form 10-K (File No. 001-06152) for the year ended Dec. 31, 1999, and incorporated herein by reference. | ||||||||||||||
| 10.5 | * | The Bank of New York Company, Inc. Supplemental Executive Retirement Plan. | Previously filed as Exhibit 10(n) to The Bank of New York Company, Inc.’s Annual Report on Form 10-K (File No. 001-06152) for the year ended Dec. 31, 1992, and incorporated herein by reference. |
BNY Mellon 15
| INDEX TO EXHIBITS (continued) | ||
16 BNY Mellon
| INDEX TO EXHIBITS (continued) | ||
BNY Mellon 17
| INDEX TO EXHIBITS (continued) | ||
18 BNY Mellon
| INDEX TO EXHIBITS (continued) | ||
BNY Mellon 19
| INDEX TO EXHIBITS (continued) | ||
| Exhibit | Description | Method of Filing | |||||||||||||||
| 10.46 | * | 2021 Form of Restricted Stock Unit Agreement. | Previously filed as Exhibit 10.1 to the Company’s Quarterly Report on Form 10-Q (File No. 001-35651) for the quarter ended June 30, 2021, and incorporated herein by reference. | ||||||||||||||
| 13.1 | All portions of The Bank of New York Mellon Corporation 2021 Annual Report to Shareholders that are incorporated herein by reference. The remaining portions are furnished for the information of the SEC and are not “filed” as part of this filing. | Filed and furnished herewith. | |||||||||||||||
| 21.1 | Primary subsidiaries of the Company. | Filed herewith. | |||||||||||||||
| 22.1 | Subsidiary Issuer of Guaranteed Securities. | Previously filed as Exhibit 22.1 to the Company’s Quarterly Report on Form 10-Q (File No. 001-35651) for the quarter ended March 31, 2021, and incorporated herein by reference. | |||||||||||||||
| 23.1 | Consent of KPMG LLP. | Filed herewith. | |||||||||||||||
| 24.1 | Power of Attorney. | Filed herewith. | |||||||||||||||
| 31.1 | Certification of the Chief Executive Officer pursuant to Rule 13a-14(a), as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. | Filed herewith. | |||||||||||||||
| 31.2 | Certification of the Chief Financial Officer pursuant to Rule 13a-14(a), as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. | Filed herewith. | |||||||||||||||
| 32.1 | Certification of the Chief Executive Officer pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. | Furnished herewith. | |||||||||||||||
| 32.2 | Certification of the Chief Financial Officer pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. | Furnished herewith. | |||||||||||||||
| 101.INS | Inline XBRL Instance Document. | This instance document does not appear in the interactive data file because its XBRL tags are embedded within the inline XBRL document. | |||||||||||||||
| 101.SCH | Inline XBRL Taxonomy Extension Schema Document. | Filed herewith. | |||||||||||||||
| 101.CAL | Inline XBRL Taxonomy Extension Calculation Linkbase Document. | Filed herewith. |
20 BNY Mellon
| INDEX TO EXHIBITS (continued) | ||
| Exhibit | Description | Method of Filing | |||||||||||||||
| 101.DEF | Inline XBRL Taxonomy Extension Definition Linkbase Document. | Filed herewith. | |||||||||||||||
| 101.LAB | Inline XBRL Taxonomy Extension Label Linkbase Document. | Filed herewith. | |||||||||||||||
| 101.PRE | Inline XBRL Taxonomy Extension Presentation Linkbase Document. | Filed herewith. | |||||||||||||||
| 104 | The cover page of The Bank of New York Mellon Corporation’s Annual Report on Form 10-K for the year ended Dec. 31, 2021, formatted in inline XBRL. | The cover page interactive data file is embedded within the inline XBRL document and included in Exhibit 101. | |||||||||||||||
| * Management contract or compensatory plan, contract or arrangement. |
BNY Mellon 21
SIGNATURES
Pursuant to the requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, BNY Mellon has duly caused this Annual Report to be signed on its behalf by the undersigned, thereunto duly authorized.
| The Bank of New York Mellon Corporation | ||||||||
| By: | /s/ Thomas P. Gibbons | |||||||
| Thomas P. Gibbons | ||||||||
| Chief Executive Officer | ||||||||
| DATED: February 25, 2022 |
Pursuant to the requirements of the Securities Exchange Act of 1934, this Annual Report has been signed below by the following persons on behalf of BNY Mellon and in the capacities and on the date indicated.
| Signature | Capacities | |||||||||||||
| By: | /s/ Thomas P. Gibbons | Director and Principal Executive Officer | ||||||||||||
| Thomas P. Gibbons | ||||||||||||||
| Chief Executive Officer | ||||||||||||||
| By: | /s/ Emily Portney | Principal Financial Officer | ||||||||||||
| Emily Portney | ||||||||||||||
| Chief Financial Officer | ||||||||||||||
| By: | /s/ Kurtis R. Kurimsky | Principal Accounting Officer | ||||||||||||
| Kurtis R. Kurimsky | ||||||||||||||
| Corporate Controller | ||||||||||||||
| Linda Z. Cook; Joseph J. Echevarria; M. Amy Gilliland; Jeffrey A. Goldstein; K. Guru Gowrappan; Ralph Izzo; Edmund F. Kelly; Sandra E. O’Connor; Elizabeth E. Robinson; Samuel C. Scott III; Frederick O. Terrell; Alfred W. Zollar | Directors | |||||||||||||
| By: | /s/ J. Kevin McCarthy | DATED: February 25, 2022 | ||||||||||||
| J. Kevin McCarthy | ||||||||||||||
| Attorney-in-fact |
22 BNY Mellon
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