Controls and Procedures
−Removed: Disclosure Controls and
−Removed: Under the supervision
−Removed: and with the participation of our management, including our Principal Executive Officer and Principal Financial Officer, we evaluated
−Removed: the effectiveness of the design and operation of our disclosure controls and procedures (as defined in Rule 13a-15(e) under the
−Removed: Securities Exchange Act of 1934) as of the end of the period covered by this report.
−Removed: Based upon that evaluation, the Principal
−Removed: Executive Officer and Principal Financial Officer concluded that, as of the end of the period covered by this report, our disclosure
−Removed: controls and procedures were effective.
−Removed: Changes in Internal Control
−Removed: over Financial Reporting
−Removed: There has been no change
−Removed: in Magyar Bancorp, Inc.'s internal control over financial reporting during Magyar Bancorp, Inc.'s fourth quarter of fiscal year
−Removed: 2020 that has materially affected, or is reasonably likely to materially affect, Magyar Bancorp, Inc.'s internal control over financial
−Removed: Report by Management on
−Removed: Internal Control over Financial Reporting
−Removed: The management of Magyar
−Removed: Bancorp, Inc.
+Added: Controls and Procedures
+Added: Under the supervision and with
+Added: the participation of our management, including our Principal Executive Officer and Principal Financial Officer, we evaluated the effectiveness
+Added: of the design and operation of our disclosure controls and procedures (as defined in Rule 13a-15(e) under the Securities Exchange Act
+Added: of 1934) as of the end of the period covered by this report.
+Added: Based upon that evaluation, the Principal Executive Officer and Principal
+Added: Financial Officer concluded that, as of the end of the period covered by this report, our disclosure controls and procedures were effective.
+Added: in Internal Control over Financial Reporting
+Added: There has been no change in Magyar
+Added: Bancorp, Inc.'s internal control over financial reporting during Magyar Bancorp, Inc.'s fourth quarter of fiscal year 2021 that has materially
+Added: affected, or is reasonably likely to materially affect, Magyar Bancorp, Inc.'s internal control over financial reporting.
+Added: by Management on Internal Control over Financial Reporting
+Added: The management of Magyar Bancorp,
is responsible for establishing and maintaining adequate internal control over financial reporting.
−Removed: Magyar Bancorp
−Removed: Inc.'s internal control system was designed to provide reasonable assurance to the Magyar Bancorp, Inc.'s management and board
−Removed: of directors regarding the preparation and fair presentation of published financial statements.
−Removed: All internal control
−Removed: systems, no matter how well designed, have inherent limitations.
−Removed: Therefore, even those systems determined to be effective can provide
−Removed: only reasonable assurance with respect to financial statement preparation and presentation.
−Removed: Magyar Bancorp, Inc.'s
−Removed: management assessed the effectiveness of the Company's internal control over financial reporting as of September 30, 2020.
−Removed: this assessment, it used the criteria set forth by the Committee of Sponsoring Organizations of the Treadway Commission (COSO)
−Removed: 2013 in Internal Control-Integrated Framework.
−Removed: Based on our assessment, we believe that, as of September 30, 2020, the Company's
−Removed: internal control over financial reporting was effective based on those criteria.
−Removed: The Annual Report on
−Removed: Form 10-K does not include an attestation report of the Company's registered public accounting firm regarding internal control
−Removed: over financial reporting.
−Removed: Management's report was not subject to attestation by the Company's registered public accounting firm
−Removed: pursuant to exemption rules of the Securities and Exchange Commission that permit the Company to provide only management's report
−Removed: in this annual report.
+Added: Magyar Bancorp Inc.'s internal
+Added: control system was designed to provide reasonable assurance to the Magyar Bancorp, Inc.'s management and board of directors regarding
+Added: the preparation and fair presentation of published financial statements.
+Added: All internal control systems,
+Added: no matter how well designed, have inherent limitations.
+Added: Therefore, even those systems determined to be effective can provide only reasonable
+Added: assurance with respect to financial statement preparation and presentation.
+Added: Magyar Bancorp, Inc.'s management
+Added: assessed the effectiveness of the Company's internal control over financial reporting as of September 30, 2021.
+Added: In making this assessment,
+Added: it used the criteria set forth by the Committee of Sponsoring Organizations of the Treadway Commission (COSO) 2013 in Internal Control-Integrated
+Added: Based on our assessment, we believe that, as of September 30, 2021, the Company's internal control over financial reporting
+Added: was effective based on those criteria.
+Added: The Annual Report on Form 10-K
+Added: does not include an attestation report of the Company's registered public accounting firm regarding internal control over financial reporting.
+Added: Management's report was not subject to attestation by the Company's registered public accounting firm pursuant to exemption rules of the
+Added: Securities and Exchange Commission that permit the Company to provide only management's report in this annual report.
Other Information
−Removed: Directors, Executive Officers, and Corporate Governance
+Added: Directors, Executive Officers, and Corporate
Magyar Bancorp, Inc.
−Removed: adopted a Code of Ethics that applies to Magyar Bancorp, Inc.’s principal executive officer, principal financial officer,
−Removed: principal accounting officer or controller or persons performing similar functions.
−Removed: The Code of Ethics, and any amendments to and
−Removed: waivers from the Code of Ethics, will be posted on the Company’s website
+Added: a Code of Ethics that applies to Magyar Bancorp, Inc.’s principal executive officer, principal financial officer, principal accounting
+Added: officer or controller or persons performing similar functions.
+Added: The Code of Ethics, and any amendments to and waivers from the Code of
+Added: Ethics, will be posted on the Company’s website
located at www.magbank.com.
A copy of the Code will
−Removed: be furnished without charge upon written request to the Secretary, Magyar Bancorp, Inc., 400 Somerset Street, New Brunswick, New
−Removed: Information concerning
−Removed: directors and executive officers of Magyar Bancorp, Inc.
−Removed: is incorporated herein by reference from our definitive Proxy Statement
−Removed: related to our 2021 Annual Meeting of Stockholders (the “Proxy Statement”), specifically the section captioned “Proposal
−Removed: I - Election of Directors.”
+Added: be furnished without charge upon written request to the Secretary, Magyar Bancorp, Inc., 400 Somerset Street, New Brunswick, New Jersey.
+Added: Information concerning directors
+Added: and executive officers of Magyar Bancorp, Inc.
+Added: is incorporated herein by reference from our definitive Proxy Statement related to our
+Added: 2022 Annual Meeting of Stockholders (the “Proxy Statement”), specifically the section captioned “Proposal I - Election
+Added: of Directors.”
Executive Compensation
−Removed: Information concerning
−Removed: executive compensation is incorporated herein by reference from our Proxy Statement, specifically the section captioned “Proposal
−Removed: I - Election of Directors.”
−Removed: Security Ownership of Certain Beneficial Owners and Management and Related Stockholder Matters
−Removed: Information concerning
−Removed: security ownership of certain owners and management is incorporated herein by reference from our Proxy Statement, specifically
−Removed: the sections captioned “Voting Securities and Principal Holders Thereof”
−Removed: and “Proposal I - Election of Directors.”
−Removed: Certain Relationships and Related Transactions, and Director Independence
−Removed: Information concerning
−Removed: relationships and transactions is incorporated herein by reference from our Proxy Statement, specifically the section captioned
−Removed: “Transactions with Certain Related Persons.”
+Added: Information concerning executive
+Added: compensation is incorporated herein by reference from our Proxy Statement, specifically the section captioned “Proposal I - Election
+Added: of Directors.”
+Added: Security Ownership of Certain Beneficial
+Added: Owners and Management and Related Stockholder Matters
+Added: Information concerning security
+Added: ownership of certain owners and management is incorporated herein by reference from our Proxy Statement, specifically the sections captioned
+Added: “Voting Securities and Principal Holders Thereof” and “Proposal I - Election of Directors.”
+Added: Certain Relationships and Related Transactions,
+Added: and Director Independence
+Added: Information concerning relationships
+Added: and transactions is incorporated herein by reference from our Proxy Statement, specifically the section captioned “Transactions
+Added: with Certain Related Persons.”
Principal Accountant Fees and Services
−Removed: Information concerning
−Removed: principal accountant fees and services is incorporated herein by reference from our Proxy Statement, specifically the section captioned
−Removed: “Proposal II - Ratification of Appointment of Independent Registered Public Accounting Firm.”
+Added: Information concerning principal
+Added: accountant fees and services is incorporated herein by reference from our Proxy Statement, specifically the section captioned “Proposal
+Added: II - Ratification of Appointment of Independent Registered Public Accounting Firm.”
Exhibits and Financial Statement Schedules
−Removed: Certificate of Incorporation of Magyar Bancorp, Inc.*
−Removed: Bylaws of Magyar Bancorp, Inc.*
−Removed: Form of Common Stock Certificate of Magyar Bancorp, Inc.*
−Removed: Description of the Capital Stock of Magyar Bancorp, Inc.
−Removed: Form of Employee Stock Ownership Plan*
−Removed: Restated Director Supplemental Retirement Income and Deferred Compensation Agreement for Joseph A.
−Removed: Restated Director Supplemental Retirement Income and Deferred Compensation Agreement for Edward C.
+Added: of Incorporation of Magyar Bancorp, Inc.*(1)
+Added: of Magyar Bancorp, Inc.*(2)
+Added: of Common Stock Certificate of Magyar Bancorp, Inc.*(2)
+Added: of the Capital Stock of Magyar Bancorp, Inc.
+Added: of Employee Stock Ownership Plan*(2)
+Added: Director Supplemental Retirement Income and Deferred Compensation Agreement for Joseph A.
+Added: Yelencsics**(3)
+Added: Director Supplemental Retirement Income and Deferred Compensation Agreement for Edward C.
Stokes, III**(3)
−Removed: Restated Director Supplemental Retirement Income and Deferred Compensation Agreement for Martin A.
−Removed: Restated Director Supplemental Retirement Income and Deferred Compensation Agreement for Thomas Lankey**
−Removed: Restated Director Supplemental Retirement Income and Deferred Compensation Agreement for Andrew G.
−Removed: Form of Change in Control Agreement for Executive Officers*
−Removed: Executive Supplemental Retirement Income Agreement for John Fitzgerald**
−Removed: Executive Supplemental Retirement Income Agreement for Jon Ansari**
−Removed: 2006 Equity Incentive Plan***
−Removed: Employment Agreement for John Fitzgerald****
−Removed: Employment Agreement for Jon Ansari*****
−Removed: Supplemental Executive Retirement Plan for John Fitzgerald******
−Removed: Supplemental Executive Retirement Plan for Jon Ansari******
−Removed: Subsidiaries of Registrant*
+Added: Director Supplemental Retirement Income and Deferred Compensation Agreement for Martin A.
+Added: Director Supplemental Retirement Income and Deferred Compensation Agreement for Thomas Lankey**(3)
+Added: Director Supplemental Retirement Income and Deferred Compensation Agreement for Andrew G.
+Added: of Change in Control Agreement for Executive Officers*(2)
+Added: Supplemental Retirement Income Agreement for John Fitzgerald**(3)
+Added: Supplemental Retirement Income Agreement for Jon Ansari**(3)
+Added: Agreement for John Fitzgerald***(4)
+Added: Agreement for Jon Ansari***(4)
+Added: in Control Agreement for Peter Brown (4)
+Added: Executive Retirement Plan for John Fitzgerald****(5)
+Added: Executive Retirement Plan for Jon Ansari****(5)
+Added: of Registrant*(2)
Consent of Experts and Counsel
−Removed: Certification of Chief Executive Officer pursuant to Rule 13a-14(a) of the Securities Exchange Act of 1934, as amended, as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
−Removed: Certification of Chief Financial Officer pursuant to Rule 13a-14(a) of the Securities Exchange Act of 1934, as amended, as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
+Added: Certification of Chief Executive Officer pursuant to Rule 13a-14(a) of the Securities
+Added: Exchange Act of 1934, as amended, as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
+Added: Certification of Chief Financial Officer pursuant to Rule 13a-14(a) of the Securities
+Added: Exchange Act of 1934, as amended, as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002
Certification of Chief Executive Officer and Chief Financial Officer pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
−Removed: The following materials from the Company’s Annual Report on Form 10-K for the year ended September 30, 2020, formatted in XBRL (Extensible Business Reporting Language):
−Removed: (i) the Consolidated Balance Sheets, (ii) the Consolidated Statements of Operations, (iii) the Consolidated Statement of Comprehensive Income, (iv) the Consolidated Statements of Changes in Stockholders’
+Added: The following materials from the Company’s Annual Report on Form 10-K for the year ended September 30,
+Added: 2021, formatted in XBRL (Extensible Business Reporting Language):
+Added: (i) the Consolidated Balance Sheets, (ii) the Consolidated Statements
+Added: of Operations, (iii) the Consolidated Statement of Comprehensive Income, (iv) the Consolidated Statements of Changes in Stockholders’
Equity, (v) the Consolidated Statements of Cash Flows and (vi) the Notes to Consolidated Financial Statements.
+Added: Inline XBRL Cover Page Interactive Data File
____________________________
−Removed: * Incorporated by reference to the Registration Statement on Form SB-2 of Magyar Bancorp, Inc.
−Removed: 333-128392), originally filed with the Securities and Exchange Commission on September 16, 2005, as amended.
−Removed: ** Incorporated by reference to the Annual Report on Form 10-KSB of Magyar Bancorp, Inc.
−Removed: 000-51726), originally filed with the Securities and Exchange Commission on December 29, 2006.
−Removed: *** Incorporated by reference to the Plan filed as an attachment to the Company’s proxy statement
−Removed: dated January 8, 2007, filed with the Securities and Exchange Commission on January 8, 2007.
−Removed: **** Incorporated by reference to the Quarterly Report on Form 10-Q of Magyar Bancorp, Inc.
−Removed: 000-51726), originally filed with the Securities and Exchange Commission on October 30, 2007 and as amended by reference to the
−Removed: Quarterly Report on Form 10-Q of Magyar Bancorp, Inc.
−Removed: originally filed with the Securities and Exchange Commission on August 14,
−Removed: ***** Incorporated by reference to the Quarterly Report on Form 10-Q of Magyar Bancorp, Inc.
−Removed: 000-51726), originally filed with the Securities and Exchange Commission on August 14, 2012.
−Removed: ****** Incorporated by reference to the Current Report on Form 8-K of Magyar Bancorp, Inc.
−Removed: (file no 000-51726),
−Removed: originally filed with the Securities and Exchange Commission on May 29, 2019.
+Added: by reference to Exhibit 3.1 to the Company’s Form 8-K filed on July 12, 2021 and t he
+Added: Registration Statement on Form SB-2 of Magyar Bancorp, Inc.
+Added: 333-128392), originally filed with the Securities and Exchange Commission
+Added: on September 16, 2005, as amended.
+Added: by reference to the Registration Statement on Form SB-2 of Magyar Bancorp, Inc.
+Added: 333-128392), originally filed with the Securities
+Added: and Exchange Commission on September 16, 2005, as amended.
+Added: by reference to the Annual Report on Form 10-KSB of Magyar Bancorp, Inc.
+Added: 000-51726), originally filed with the Securities and
+Added: Exchange Commission on December 29, 2006.
+Added: by reference to the Company’s Registration Statement on Form S-1 (File No.
+Added: 333-254282), filed with the Securities and Exchange Commission
+Added: on March 15, 2021.
+Added: by reference to the Current Report on Form 8-K of Magyar Bancorp, Inc.
+Added: (file no 000-51726), originally filed with the Securities and Exchange
+Added: Commission on May 29, 2019.
Form 10-K Summary
−Removed: Pursuant to the
−Removed: requirements of Section 13 or 15 (d) of the Securities Exchange Act of 1934, the Company has duly caused this report to be signed
−Removed: on its behalf by the undersigned, thereunto duly authorized.
+Added: Pursuant to the requirements
+Added: of Section 13 or 15 (d) of the Securities Exchange Act of 1934, the Company has duly caused this report to be signed on its behalf by
+Added: the undersigned, thereunto duly authorized.
MAGYAR BANCORP, INC.
2 unchanged sentences
(Duly Authorized Representative)
−Removed: the requirements of the Securities Exchange Act of 1934, this report has been signed by the following persons on behalf of
−Removed: the Registrant and in the capacities and on the dates indicated.
+Added: Pursuant to the requirements
+Added: of the Securities Exchange Act of 1934, this report has been signed by the following persons on behalf of the Registrant and in the capacities
+Added: and on the dates indicated.
President and Chief Executive Officer
20 unchanged sentences
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.