UNITED STATES SECURITIES AND
EXCHANGE COMMISSION
Washington, D.C.
20549
Form 10-K
☑ | ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 | |
For the fiscal year ended August 31, 2009 | ||
or | ||
o | TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 | |
For the transition period from to . |
Commission file number: 0-50150
CHS Inc.
(Exact name of registrant as specified in its charter)
Minnesota | 41-0251095 | |
(State or other jurisdiction of | (I.R.S. Employer | |
incorporation or organization) | Identification Number) | |
5500 Cenex Drive | ||
Inver Grove Heights, Minnesota 55077 | (651) 355-6000 (Registrant's Telephone number, including area code) |
SECURITIES REGISTERED PURSUANT TO SECTION 12(b) OF THE ACT: NONE
SECURITIES REGISTERED PURSUANT TO SECTION 12(g) OF THE ACT:
8% Cumulative Redeemable Preferred Stock | The NASDAQ Global Select Market | |
(Title of Class) | (Name of Each Exchange on Which Registered) |
Indicate by check mark whether the Registrant is a well-known seasoned issuer (as defined in Rule 405 of the Securities Act).
YES o NO ☑
Indicate by check mark whether the Registrant is not required to file reports pursuant to Section 13 or Section 15(d) of the Exchange Act.
YES o NO ☑
Indicate by check mark whether the Registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days.
YES ☑ NO o
Indicate by check mark whether the Registrant has submitted electronically and posted on its corporate website, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation T during the preceding 12 months (or for such shorter period that the Registrant was required to submit and post such files).
YES o NO o
Indicate by check mark if disclosure of delinquent filers pursuant to Item 405 of Regulation S-K is not contained herein, and will not be contained, to the best of the registrant's knowledge, in definitive proxy or information statements incorporated by reference in Part III of this Form 10-K or any amendment to this Form 10-K: o
Indicate by check mark whether the Registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting company. See the definitions of "large accelerated filer," "accelerated filer," and "smaller reporting company" in Rule 12b-2 of the Exchange Act.
Large accelerated filer o | Accelerated filer o | Non-accelerated filer ☑ | Smaller reporting company o |
(Do not check if a smaller reporting company)
Indicate by check mark whether the Registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act).
YES o NO ☑
State the aggregate market value of the voting and non-voting common equity held by non-affiliates computed by reference to the price at which the common equity was last sold, or the average bid and asked price of such common equity, as of the last business day of the Registrant's most recently completed second fiscal quarter:
The Registrant's voting and non-voting common equity has no market value (the Registrant is a member cooperative).
Indicate the number of shares outstanding of each of the Registrant's classes of common stock, as of the latest practicable date: The Registrant has no common stock outstanding.
DOCUMENTS INCORPORATED BY REFERENCE
None.
INDEX
Page | ||||||
No. | ||||||
PART I. | ||||||
Item 1. | Business | 1 | ||||
The Company | 1 | |||||
Energy | 2 | |||||
Ag Business | 5 | |||||
Processing | 11 | |||||
Corporate and Other | 14 | |||||
Price Risk and Hedging | 15 | |||||
Employees | 16 | |||||
Membership in CHS and Authorized Capital | 16 | |||||
Item 1A. | Risk Factors | 19 | ||||
Item 1B. | Unresolved Staff Comments | 24 | ||||
Item 2. | Properties | 24 | ||||
Item 3. | Legal Proceedings | 27 | ||||
Item 4. | Submission of Matters to a Vote of Security Holders | 27 | ||||
PART II. | ||||||
Item 5. | Market for Registrant's Common Equity, Related Stockholder Matters and Issuer Purchases of Equity Securities | 27 | ||||
Item 6. | Selected Financial Data | 27 | ||||
Item 7. | Management's Discussion and Analysis of Financial Condition and Results of Operation | 30 | ||||
Item 7A. | Quantitative and Qualitative Disclosures about Market Risk | 54 | ||||
Item 8. | Financial Statements and Supplementary Data | 56 | ||||
Item 9. | Changes in and Disagreements with Accountants on Accounting and Financial Disclosure | 56 | ||||
Item 9A(T). | Controls and Procedures | 56 | ||||
Item 9B. | Other Information | 57 | ||||
PART III. | ||||||
Item 10. | Directors, Executive Officers and Corporate Governance | 57 | ||||
Board of Directors |