<SUBMISSION>
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<PERIOD>20040121
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<CONFORMED-NAME>ACTUATE CORP
<CIK>0001062478
<ASSIGNED-SIC>7372
<IRS-NUMBER>943193197
<STATE-OF-INCORPORATION>DE
<FISCAL-YEAR-END>1231
</COMPANY-DATA>
<FILING-VALUES>
<FORM-TYPE>8-K
<ACT>34
<FILE-NUMBER>000-24607
<FILM-NUMBER>04534606
</FILING-VALUES>
<BUSINESS-ADDRESS>
<STREET1>701 GATEWAY BLVD
<STREET2>SUITE
<CITY>SOUTH SAN FRANCISCO
<STATE>CA
<ZIP>94080
<PHONE>6504252300
</BUSINESS-ADDRESS>
<MAIL-ADDRESS>
<STREET1>701 GATEWAY BLVD
<STREET2>SUITE
<CITY>SOUTH SAN FRANCISCO
<STATE>CA
<ZIP>94080
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<FORMER-CONFORMED-NAME>ACTUATE SOFTWARE CORP
<DATE-CHANGED>19980527
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<FILENAME>a4554175.txt
<DESCRIPTION>ACTUATE CORPORATION 8-K
<TEXT>

                                  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

                                January 21, 2004
                Date of Report (date of earliest event reported)

                               ACTUATE CORPORATION
             (Exact name of registrant as specified in its charter)

          Delaware                     0-24607                  94-3193197

(State or other jurisdiction         (Commission             (I.R.S. Employer
      of incorporation)              File Number)           Identification No.)


                   701 Gateway Boulevard, South San Francisco,
                     California 94080 (Address of principal
                     executive offices, including zip code)

                                 (650) 837-2000
              (Registrant's telephone number, including area code)

<PAGE>

Item 9. Regulation FD Disclosure

This Form 8-K is being furnished to report that on January 21, 2004, Actuate
issued a press release announcing that the Securities and Exchange Commission
has terminated its investigation regarding two software license transactions
that the company executed with Unify Corporation in early 2000, and has
recommended that no enforcement action be taken against either Actuate
Corporation or Nico Nierenberg . A copy of the press release is attached as
Exhibit 99.1 hereto.

<PAGE>

                                   SIGNATURES
                                   ----------

Pursuant to the requirements of the Securities Exchange Act of 1934, as amended,
the Registrant has duly caused this report to be signed on its behalf by the
undersigned, hereunto duly authorized.

                                     ACTUATE CORPORATION
                                         (Registrant)

Date: January 21, 2004
                                     /s/    DANIEL A. GAUDREAU
                                     -------------------------
                                     Daniel A. Gaudreau
                                     Senior Vice President, Finance and
                                     Administration and Chief Financial Officer

<PAGE>

                                INDEX TO EXHIBITS


99.1                Press Release dated January 21, 2004.


</TEXT>
</DOCUMENT>
<DOCUMENT>
<TYPE>EX-99
<SEQUENCE>3
<FILENAME>a4554175ex991.txt
<DESCRIPTION>ACTUATE CORPORATION PRESS RELEASE
<TEXT>
                                                                    Exhibit 99.1

  SEC Formally Closes Actuate Investigation; No Further Action To Be
        Taken Against Actuate Corporation and Nico Nierenberg

    SOUTH SAN FRANCISCO, Calif.--(BUSINESS WIRE)--Jan. 21,
2004--Actuate Corporation (Nasdaq:ACTU), the world leader in
Enterprise Reporting Applications, today announced that the San
Francisco District Office of the U.S. Securities and Exchange
Commission has terminated its investigation regarding two software
license transactions that the company executed with Unify Corporation
in early 2000. Furthermore, the District Office has recommended to the
Commission that no enforcement action be taken against either Actuate
or Nico Nierenberg.

    About Actuate Corporation

    Actuate Corporation is the world leader in Enterprise Reporting
Applications that ensure 100% adoption by users. Actuate's Enterprise
Reporting Application Platform is the foundation on which Global 9000
organizations (companies with annual revenues greater than $1 billion)
and packaged application software vendors develop intuitive, Web
portal-like reporting and analytic applications that empower 100% of
users with decision-making information. These applications are
deployed inside and outside the firewall to improve corporate
performance across a range of business functions including financial
management, sales, human resource management, and customer
self-service. When tested against other business intelligence
products, Actuate's Enterprise Reporting Application Platform has been
proven to offer industry-leading scalability and the lowest Total Cost
of Ownership. Actuate has over 2,200 direct customers and 300 OEM
partners in a range of industries including financial services,
pharmaceuticals, insurance, and distribution services, as well as the
government sector.
    Founded in 1993, Actuate has headquarters in South San Francisco,
Calif., and has offices worldwide. Actuate is listed on the NASDAQ
exchange under the symbol ACTU. For more information on Actuate, visit
the company's Web site at www.actuate.com.

    The statements contained in this release that are not purely
historical are forward looking statements within the meaning of
Section 21E of the Securities Exchange Act of 1934, including
statements regarding Actuate's expectations, beliefs, hopes,
intentions or strategies regarding the future. All forward-looking
statements in this release are based upon information available to
Actuate as of the date hereof, and Actuate assumes no obligation to
update any such forward-looking statements. Actual results could
differ materially from Actuate's current expectations.

    Actuate and the Actuate logo are registered trademarks of Actuate
Corporation and/or its affiliates in the U.S. and certain other
countries. All other brands, names or trademarks mentioned may be
trademarks of their respective owners.

    CONTACT: Actuate Corporation
             Keren Ackerman, 650-837-4545
             kackerman@actuate.com



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