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: October 2003 Accesspoint Corporation (Exact name of registrant as specified in its charter) Nevada 000-29217 95-4721385 ----------------- --------- ---------- (State or other (Commission (IRS Employer jurisdiction of File Number) Identification) incorporation) 6171 W. Century Blvd. Suite 200 LA, CA 90045 ------------------------------------------ ----- (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code: (310) 846-2500 Not Applicable (Former name or former address, if changed since last report.) ======================================================================= Item 1. Changes in Control of Registrant None. Item 2. Acquisition or Disposition of Assets None. Item 3. Bankruptcy or Receivership None. Item 4. Changes in Accountants None. Item 5. Other Events and Regulation FD Disclosure In settlement discussions that concluded October 3, 2003, the registrant settled that certain lawsuit known as Mulder v. Accesspoint Corporation, which arose out of a dispute over a contract whereby the registrant agreed to purchase the assets and stock of Black Sun Graphics, Inc. The lawsuit sought to recover damages of $440,000 for alleged breach of the contract for failure to fulfill all the terms of the purchase agreement. While the registrant vigorously contends that the lawsuit was without merit, the expense of litigating the matter exceeded the cost of the settlement. While not all terms of the settlement can be disclosed, the registrant will record other income in the form of a gain on the forgiveness of debt, in the amount of $55,000 in the quarter ended September 30, 2003. The registrant previously accrued a liability in the amount of $100,000 for the potential of an adverse outcome of the lawsuit. The settlement also calls for the payment of all outstanding IRS obligations of Black Sun Graphics for the year 2002. The settlement also calls for a mutual release on both parties of all and any current or contemplated actions arising from their business relationship. Item 6. Resignation of Directors None. Item 7. Financial Statements Pro Forma Financial & Exhibits None. Item 8. Changes In Fiscal Year None. Item 9. Regulation FD Disclosures See Items 1, 5 and 6, above. 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 thereunto duly authorized. Date: October 23, 2003 Accesspoint Corporation ------------------- By: S/s William R. Barber --------------------- William R. Barber President A. EXHIBITS None.