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Bank of America Corp/DE – ‘10-K’ for 12/31/08 – EX-31.(A)

On:  Friday, 2/27/09, at 4:56pm ET   ·   For:  12/31/08   ·   Accession #:  1193125-9-41126   ·   File #:  1-06523

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  As Of                Filer                Filing    For·On·As Docs:Size              Issuer               Agent

 2/27/09  Bank of America Corp/DE           10-K       12/31/08   28:12M                                    RR Donnelley/FA

Annual Report   —   Form 10-K
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: 10-K        Bank of America Corporation Form 10-K               HTML   4.55M 
 2: 10-K        Form 10-K - PDF -- d10k1                             PDF   1.21M 
 3: EX-3.(A)    Amended and Restated Certificate of Incorporation   HTML   1.13M 
 4: EX-4.(X)    Global Agency Agreement Dated July 25, 2007         HTML    899K 
 5: EX-4.(Y)    Supplement to Global Agency Agreement Dated         HTML     54K 
                          December 19, 2008                                      
 6: EX-4.(Z)    Amended and Restated Agency Agreement Dated         HTML    593K 
                          December 5, 2008                                       
 7: EX-10.(C)   Bank of America Pension Restoration Plan            HTML    151K 
 8: EX-10.(E)   Bank of America 401(K) Restoration Plan             HTML    164K 
10: EX-10.(KK)  Mbna Corporation Supplemental Executive Retirement  HTML    125K 
                          Plan                                                   
11: EX-10.(LL)  Supplemental Executive Insurance Plan               HTML     40K 
12: EX-10.(MM)  Mbna Corporation Executive Deferred Compensation    HTML    118K 
                          Plan                                                   
13: EX-10.(NN)  Mbna Corporation 1997 Long Term Incentive Plan      HTML     27K 
14: EX-10.(OO)  Cancellation Agreement                              HTML     31K 
 9: EX-10.(P)   Retirement Income Assurance Plan for Legacy Fleet   HTML    184K 
15: EX-10.(PP)  Executive Non-Competition Agreement                 HTML     47K 
16: EX-10.(QQ)  Agreement Regarding Participation in the Mbna       HTML     21K 
                          Corp. Supp. Exec. Plan                                 
17: EX-10.(RR)  Merrill Lynch & Co., Inc. Employee Stock            HTML     89K 
                          Compensation Plan                                      
18: EX-10.(SS)  Bank of America Corporation Plan Amendments         HTML     21K 
19: EX-10.(TT)  Bank of America Additional Plan Amendments          HTML     29K 
20: EX-12       Ratio of Earnings to Fixed Charges                  HTML     54K 
21: EX-21       List of Subsidiaries                                HTML    648K 
22: EX-23       Consent of Pricewaterhousecoopers LLP               HTML     17K 
23: EX-24.(A)   Power of Attorney                                   HTML     31K 
24: EX-24.(B)   Corporate Resolution                                HTML     14K 
25: EX-31.(A)   Certification of the CEO Pursuant to Section 302    HTML     19K 
                          of the Sarbanes-Oxley Act                              
26: EX-31.(B)   Certification of the CFO Pursuant to Section 302    HTML     19K 
                          of the Sarbanes-Oxley Act                              
27: EX-32.(A)   Certification of the CEO Pursuant to Section 906    HTML     14K 
                          of the Sarbanes-Oxley Act                              
28: EX-32.(B)   Certification of the CFO Pursuant to Section 906    HTML     14K 
                          of the Sarbanes-Oxley Act                              


EX-31.(A)   —   Certification of the CEO Pursuant to Section 302 of the Sarbanes-Oxley Act


This exhibit is an HTML Document rendered as filed.  [ Alternative Formats ]



  Certification of the CEO pursuant to Section 302 of the Sarbanes-Oxley Act  

Exhibit 31(a)

Certification Pursuant to Section 302

of the Sarbanes-Oxley Act of 2002

for the Chief Executive Officer

I, Kenneth D. Lewis, certify that:

 

1.

I have reviewed this Annual Report on Form 10-K of Bank of America Corporation;

 

2.

Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

 

3.

Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;

 

4.

The registrant’s other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the registrant and have:

 

  a)

Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;

 

  b)

Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles;

 

  c)

Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

 

  d)

Disclosed in this report any change in the registrant’s internal control over financial reporting that occurred during the registrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control over financial reporting; and

 

5.

The registrant’s other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant’s auditors and the audit committee of the registrant’s board of directors (or persons performing the equivalent functions):

 

  a)

All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financial information; and

 

  b)

Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant’s internal control over financial reporting.

Date: February 27, 2009

 

/s/    KENNETH D. LEWIS        

Kenneth D. Lewis

Chief Executive Officer


Dates Referenced Herein   and   Documents Incorporated by Reference

This ‘10-K’ Filing    Date    Other Filings
Filed on:2/27/093,  424B5,  8-A12B,  FWP
For Period End:12/31/0811-K,  13F-HR,  3,  4,  424B5,  5,  5/A,  8-K,  8-K/A
 List all Filings 


6 Subsequent Filings that Reference this Filing

  As Of               Filer                 Filing    For·On·As Docs:Size             Issuer                      Filing Agent

 2/20/24  Bank of America Corp./DE          10-K       12/31/23  200:61M
 2/22/23  Bank of America Corp./DE          10-K       12/31/22  200:66M
 2/22/22  Bank of America Corp./DE          10-K       12/31/21  201:72M
 2/24/21  Bank of America Corp./DE          10-K       12/31/20  199:66M
 5/07/10  SEC                               UPLOAD10/03/17    1:37K  Bank of America Corp./DE
 3/30/10  SEC                               UPLOAD10/03/17    1:40K  Bank of America Corp./DE
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Filing Submission 0001193125-09-041126   –   Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)

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