Item 3.01 Notice of Delisting or Failure to Satisfy a Continued Listing Rule or
Standard; Transfer of Listing
On April 6, 2009, W Holding Company, Inc. (the "Company"), the bank holding company for Westernbank Puerto Rico, was notified by the New York Stock Exchange (the "NYSE") that the Company is not in compliance with NYSE Listed Company Manual Section 802.01E because the Company has not timely filed its Annual Report on Form 10-K for the fiscal year ended December 31, 2008 (the "2008 Form 10-K"). Accordingly, the Company is subject to the procedures specified in
Section 802.01E, which provides, among other things, that the NYSE will monitor the Company and the filing status of the 2008 Form 10-K on an ongoing basis for up to a six-month period from the date the 2008 Form 10-K was due to be filed (including any applicable extension period), during which time the Company's common stock will continue to be listed.
The Company was not able to timely file the 2008 Form 10-K due to the substantial time devoted to completing and filing its Annual Report on Form 10-K for the fiscal year ended December 31, 2007. Additionally, as previously reported on the Company's Current Report on Form 8-K filed on January 30, 2009, the Company recently engaged BDO Seidman, LLP ("BDO Seidman") as its independent registered public accounting firm for the audit of the Company's fiscal year 2008 financial statements. The Company and BDO Seidman are currently working expeditiously to complete the audit and to file the 2008 Form 10-K. At this time, the Company is unable to predict when it will file the 2008 Form 10-K.
A copy of the Company's press release in connection with the foregoing is attached as Exhibit 99.1 hereto and incorporated herein by reference. Item 9.01. Financial Statements and Exhibits.
(d) Exhibits

Exhibit No. Description

99.1 Press release dated April 9, 2009

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