HERSHEY CO — Governance Information 2007

Dec 7, 2007

8-K 1 f8k_12072007.htm FORM 8K DATED DECEMBER 7, 2007 f8k_12072007.htm Licensed to: The Hershey Company Document Created using EDGARizer 4.0.1.0 Copyright 2007 EDGARfilings, Ltd., an IEC company. All rights reserved EDGARfilings.com

| UNITED
STATES |
| --- |
| 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 |

| December
4,
2007 |
| --- |
| Date
of Report (Date of earliest event
reported) |

| The
Hershey
Company |
| --- |
| (Exact
name of registrant as specified in its
charter) |

| Delaware |
| --- |
| (State
or other jurisdiction of
incorporation) |

1-183	23-0691590
(Commission
File Number)	(IRS
Employer Identification No.)

| 100
Crystal A Drive, Hershey,
Pennsylvania 17033 |
| --- |
| (Address
of Principal Executive Offices) (Zip
Code) |

Registrant's telephone number, including area code: (717) 534-4200

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:

| [ ] | 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)) |

INFORMATION TO BE INCLUDED IN REPORT

Item 5.03 Amendments to Articles of Incorporation or By-laws; Change in Fiscal Year

On December 4, 2007, the Board of Directors of The Hershey Company (the “Company”) approved amendments to the Company’s By-laws to permit the Board to elect a Chairman of the Board or any number of Vice Chairmen of the Board who may, but need not, be officers of, or employed in an executive or any other capacity by, the Company. Prior to this amendment, the Chairman of the Board and any Vice Chairmen of the Board were considered stated officers of the Company. The By-laws were also amended to reflect the current name of the Governance Committee (formerly known and referred to in the By-laws as the Committee on Directors and Corporate Governance), and to permit notice of special meetings of the Board to be sent by electronic mail.

The foregoing descriptions of the amendments to the Company’s By-laws are qualified in their entirety by reference to the copy of the By-laws filed as Exhibit 3.1 to this Current Report on Form 8-K and incorporated by reference into this Item 5.03.

Item 9.01 Financial Statements and Exhibits

(d)
3.1	By-laws
of The Hershey Company

SIGNATURE

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: December 7, 2007

| THE
HERSHEY COMPANY |
| --- |
| By: /s/
Burton H.
Snyder |
| Burton
H. Snyder, Senior
Vice President, General
Counsel and Secretary |

EXHIBIT INDEX

| Exhibit
No. | Description |
| --- | --- |
| 3.1 | By-laws
of The Hershey Company |