UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 or 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest reported) January 22, 2009 ---------------------- American River Bankshares -------------------------------------------------------------------------------- (Exact name of Registrant as Specified in Its Charter) California -------------------------------------------------------------------------------- (State or Other Jurisdiction of Incorporation) 0-31525 68-0352144 -------------------------------------------------------------------------------- (Commission File Number) (IRS Employer Identification No.) 3100 Zinfandel Drive, Suite 450, Rancho Cordova, CA 95670 -------------------------------------------------------------------------------- (Address of Principal Executive Offices) (Zip Code) (916) 851-0123 -------------------------------------------------------------------------------- (Registrant's Telephone Number, Including Area Code) Check the appropriate box below if the Form 8-K is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below): [ ] Written communication pursuant to Rule 425 under the Securities Act (17 CFR 230.425) [ ] Solicitation 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)) Page 1 of Page 13 The Index to Exhibits is on Page 3 Item 2.02. Results of Operations and Financial Condition. Registrant issued a press release January 22, 2009 announcing earnings for the fourth quarter of 2008. The foregoing description is qualified by reference to the press release attached here to as Exhibit 99.1. The information included in the press release is considered to be "filed" under the Securities Exchange Act of 1934. Item 8.01. Other Events. Registrant issued a press release January 22, 2009 announcing that it has decided not to participate in the U.S. Department of Treasury Capital Purchase Program. The foregoing description is qualified by reference to the press release attached here to as Exhibit 99.2. Item 9.01. Financial Statements and Exhibits. (c) Exhibits (99.1) Earnings press release dated January 22, 2009 (99.2) Capital Purchase Program press release dated January 22, 2009 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 hereunto duly authorized. AMERICAN RIVER BANKSHARES /s/ Mitchell A. Derenzo -------------------------------------------- January 22, 2009 Mitchell A. Derenzo, Chief Financial Officer (Principal Accounting and Financial Officer) Page 2 of Page 13 INDEX TO EXHIBITS Exhibit No. Description Page ----------- ------------------------------------------------ ---- 99.1 Earnings press release of American River 4 Bankshares dated January 22, 2009 99.2 Capital Purchase Program press release of 13 American River Bankshares dated January 22, 2009 Page 3 of Page 13