finalfsbcommbankshares.htm -- Converted by SEC Publisher, created by BCL Technologies Inc., for SEC Filing

-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, VaDXbvHqRJbNVUeonKI7ZDwHO83KTXaJJpsPr0DQfVDtwNsf3wO7alKU6R6kJtrH 91Unig3hUYDDkf4HrtJYbg== 0001126328-09-000042.txt : 20090206 0001126328-09-000042.hdr.sgml : 20090206 20090206173038 ACCESSION NUMBER: 0001126328-09-000042 CONFORMED SUBMISSION TYPE: SC 13G PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20090206 DATE AS OF CHANGE: 20090206 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: FSB Community Bankshares Inc CENTRAL INDEX KEY: 0001389797 STANDARD INDUSTRIAL CLASSIFICATION: SAVINGS INSTITUTION, FEDERALLY CHARTERED [6035] IRS NUMBER: 743164710 STATE OF INCORPORATION: X1 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13G SEC ACT: 1934 Act SEC FILE NUMBER: 005-83077 FILM NUMBER: 09578378 BUSINESS ADDRESS: STREET 1: 45 SOUTH MAIN STREET CITY: FAIRPORT STATE: NY ZIP: 14450 BUSINESS PHONE: (585) 223-9080 MAIL ADDRESS: STREET 1: 45 SOUTH MAIN STREET CITY: FAIRPORT STATE: NY ZIP: 14450 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: DELAWARE CHARTER GUARANTEE & TRUST CO CENTRAL INDEX KEY: 0001280529 IRS NUMBER: 510099493 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13G BUSINESS ADDRESS: STREET 1: 1013 CENTRE ROAD CITY: WILMINGTON STATE: DE ZIP: 19805 BUSINESS PHONE: 3029938038 MAIL ADDRESS: STREET 1: 1013 CENTRE ROAD CITY: WILMINGTON STATE: DE ZIP: 19805 SC 13G 1 finalfsbcommbankshares.htm FSB COMMUNITY BANKSHARES, INC. finalfsbcommbankshares.htm -- Converted by SEC Publisher, created by BCL Technologies Inc., for SEC Filing

CUSIP No. 35952B109	13G	Page 1 of 5 Pages

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

SCHEDULE 13G

Under the Securities Exchange Act of 1934

(Amendment No. 1)*

FSB Community Bankshares, Inc.
(Name of Issuer)

Common Stock, par value $0.10 per share
(Title of Class of Securities)

35952B109
(CUSIP Number)

December 31, 2008
(Date of Event Which Requires Filing of this Statement)

Check the appropriate box to designate the rule pursuant to which this Schedule is filed:

xRule 13d-1(b)
¨ Rule 13d-1(c)
¨ Rule 13d-1(d)

*The remainder of this cover page shall be filled out for a reporting person’s initial filing on this form
with respect to the subject class of securities, and for any subsequent amendment containing
information which would alter the disclosures provided in a prior cover page.

The information required in the remainder of this cover page shall not be deemed to be “filed” for the
purpose of Section 18 of the Securities Exchange Act of 1934 (“Act”) or otherwise subject to the
liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see
the Notes).

CUSIP No. 35952B109		13G	Page 2 of 5 Pages

1. Name of Reporting Persons.
I.R.S. Identification No. of above persons (entities only).

Delaware Charter Guarantee & Trust Company dba Principal Trust Company as
Trustee for the Fairport Savings Bank Employee Stock Ownership Plan and the Fairport
Savings Bank 401(k) Savings Plan, IRS No. 51-0099493.

2. Check the Appropriate Box if a Member of a Group:

(a)	¨

(b)	¨

3. SEC Use Only

4. Citizenship or Place of Organization: Delaware

Number of Shares Beneficially Owned by Each Reporting Person With:

	5. Sole Voting Power:
	0

Number of	6. Shared Voting Power:
Shares	95,873
Beneficially
Owned By	7. Sole Dispositive Power:
Each	0
Reporting
Person With:	8. Shared Dispositive Power:
	95,873

9. Aggregate Amount Beneficially owned by Each Reporting Person: 95,873

10. Check if Aggregate Amount in Row (9) Excludes Certain Shares: ¨

11. Percent of Class Represented by Amount in Row (9): 5.37%

12. Type of Reporting Person: EP

CUSIP No. 35952B109		13G	Page 3 of 5 Pages

Item 1.

(a) Name of Issuer:			Fairport Savings Bank
(b) Address of Issuer’s Principal Executive Offices:			45 South Main Street
			Fairport, NY 14450-2133

Item 2.

(a) – (c) Name, Principal Business Address and Citizenship of Person Filing:

Delaware Charter Guarantee & Trust Company dba Principal Trust Company as Trustee
for the Fairport Savings Bank Employee Stock Ownership Plan and the Fairport Savings
Bank 401(k) Savings Plan
1013 Centre Road
Wilmington, Delaware 19805

Citizenship:	Delaware

(d) Title of Class of Securities:		Common Stock, par value $0.10 per share

(e) CUSIP Number:		35952B109

Item 3. If this statement is filed pursuant to Rule 13D-1(b) or 13D-2(b) or (c), check whether the
person filing is a:

(f) x An employee benefit plan or endowment fund in accordance with Rule 13d-1(b)(1)(ii)(F);

Item 4. Ownership - Provide the following information regarding the aggregate number and
percentage of the class of securities of the issuer identified in Item 1.

(a) The Fairport Savings Bank Employee Stock Ownership Plan (“ESOP Plan”) and the
Fairport Savings Bank 401(k) Savings Plan (“401(k) Plan”) (collectively, the “Plans”) are
each subject to the Employee Retirement Income Security Act of 1974 (“ERISA”). Delaware
Charter Guarantee & Trust Company dba Principal Trust Company acts as the Trustee for
the ESOP Plan Trust and the 401(k) Plan Trust. As of December 31, 2008, the ESOP Plan
Trust held 69,972 shares of the Issuer’s common stock and the 401(k) Plan Trust held 25,901
shares of the Issuer’s common stock for an aggregate of 95,873 shares of the Issuer’s common
stock. The securities reported include all shares held of record by the Trustee as trustee of
the Trusts. The Trustee follows the directions of the Issuer and/or Plan participants with
respect to voting and disposition of shares. The Trustee, however, is subject to fiduciary
duties under ERISA. The Trustee disclaims beneficial ownership of the shares of common
stock that are the subject of this Schedule 13G.

(b) The 95,873 shares of common stock represent 5.37% of the Issuer’s outstanding shares of
common stock. The percent of class is based on shares outstanding as of December 31, 2008,
as provided by the Issuer.

CUSIP No. 35952B109		13G	Page 4 of 5 Pages

(c) Number of shares as to which such person has:
(i)	Sole power to vote or direct the vote: 0
(ii)	Shared power to vote or direct the vote: 95,873
(iii)	Sole power to dispose or direct the disposition of: 0
(iv)	Shared power to dispose or direct the disposition of: 95,873

Item 5. Ownership of Five Percent or Less of Class

Not Applicable

Item 6. Ownership of More Than Five Percent on Behalf of Another Person

Not Applicable

Item 7. Identification and Classification of the Subsidiary Which Acquired the Security Being
Reported on by the Parent Holding Company

Not Applicable

Item 8. Identification and Classification of Members of the Group

Not Applicable

Item 9. Notice of Dissolution of Group

Not Applicable

Item 10. Certification

By signing below I certify that, to the best of my knowledge and belief, the securities referred to above
were acquired and are held in the ordinary course of business and were not acquired and are not held
for the purpose of or with the effect of having or influencing the control of the issuer of the securities
and are not acquired and are not held in connection with or as a participant in any transaction having
that purpose or effect.

CUSIP No. 35952B109	13G	Page 5 of 5 Pages

SIGNATURE

After reasonable inquiry and to the best of my knowledge and belief, I certify that the information set
forth in this statement is true, complete and correct.

	Delaware Charter Guarantee & Trust Company

	/s/ Kristin M. Camp_______
	Kristin M. Camp
	Director, Trust Services
	February 6, 2009

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