-----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, B1Qi8txyVQDKH1wbeoD8VgjOvT4qVmuplOmz7drWGOOmk4SiiLhflH4OFCIJq55w 0nGzROY/vgjLfeLrzVCizA== 0001021408-99-000470.txt : 19990315 0001021408-99-000470.hdr.sgml : 19990315 ACCESSION NUMBER: 0001021408-99-000470 CONFORMED SUBMISSION TYPE: SC 13D/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 19990312 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: KS BANCORP INC CENTRAL INDEX KEY: 0000912764 STANDARD INDUSTRIAL CLASSIFICATION: SAVINGS INSTITUTIONS, NOT FEDERALLY CHARTERED [6036] IRS NUMBER: 561842707 STATE OF INCORPORATION: NC FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13D/A SEC ACT: SEC FILE NUMBER: 005-49229 FILM NUMBER: 99564118 BUSINESS ADDRESS: STREET 1: 207 W SECOND ST STREET 2: PO BOX 219 CITY: KENLEY STATE: NC ZIP: 27542 BUSINESS PHONE: 9192844157 MAIL ADDRESS: STREET 1: 207 W SECOND ST STREET 2: P O BOX 219 CITY: KENLY STATE: NC ZIP: 27542 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: KEEN HAROLD T CENTRAL INDEX KEY: 0000942240 STANDARD INDUSTRIAL CLASSIFICATION: [] FILING VALUES: FORM TYPE: SC 13D/A BUSINESS ADDRESS: STREET 1: P O BOX 219 STREET 2: 201 W SECOND STREET CITY: KENLY STATE: NC ZIP: 27542 SC 13D/A 1 SCHEDULE 13D--AMENDMENT NO. 5 UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 SCHEDULE 13D Under the Securities Exchange Act of 1934 (Amendment No. 5 )* ----- KS BANCORP, INC. ------------------------- (Name of Issuer) Common Stock, no par value ----------------------------------- (Title of Class of Securities) 48266R108 ------------------------- (CUSIP Number) HAROLD T. KEEN P.O. BOX 219 207 W. SECOND STREET KENLY, NC 27542 (919) 284-4157 ----------------------------------------------------- (Name, Address and Telephone Number of Person Authorized to Receive Notices and Communications) March 5, 1999 ------------------------ (Date of Event Which Requires Filing of This Statement) If the filing person has previously filed a statement on Schedule 13G to report the acquisition which is the subject of this Schedule 13D, and is filing this schedule because of Rule 13d-1 (b) (3) or (4), check the following box. [_] Check the following box if a fee is being paid with this statement. [_] (A fee is not required only if the reporting person: (1) has a previous statement on file reporting beneficial ownership of more than five percent of the class of securities described in Item 1; and (2) has filed no amendment subsequent thereto reporting beneficial ownership of five percent or less of such class). (See Rule 13d-7.) NOTE: Six copies of this statement, including all exhibits, should be filed with the Commission. See Rule 13d-1 (a) for other parties to whom copies are to be sent. *The remainder of this cover page shall be filled out for a reporting person's initial filing of this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter disclosures provided in a prior cover page. The information required on 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). 1 SCHEDULE 13D - ----------------------- --------------------- CUSIP NO. 48266R108 PAGE 2 OF 2 PAGES - ----------------------- --------------------- - ------------------------------------------------------------------------------ NAME OF REPORTING PERSON 1 S.S. OR I.R.S. IDENTIFICATION NO. OF ABOVE PERSON Harold T. Keen ###-##-#### - ------------------------------------------------------------------------------ CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP* 2 (a) [_] (b) [_] - ------------------------------------------------------------------------------ SEC USE ONLY 3 - ------------------------------------------------------------------------------ SOURCE OF FUNDS (SEE INSTRUCTIONS) 4 oo and PF - ------------------------------------------------------------------------------ CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) or 2(e) OF SCHEDULE D [_] 5 - ------------------------------------------------------------------------------ CITIZENSHIP OR PLACE OF ORGANIZATION 6 United States - ------------------------------------------------------------------------------ SOLE VOTING POWER 7 NUMBER OF 83,100.67 SHARES ----------------------------------------------------------- SHARED VOTING POWER BENEFICIALLY 8 OWNED BY 3,532 ----------------------------------------------------------- EACH SOLE DISPOSITIVE POWER 9 REPORTING 83,100.67 PERSON ----------------------------------------------------------- SHARED DISPOSITIVE POWER WITH 10 3,532 - ------------------------------------------------------------------------------ AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON 11 86,632.67 - ------------------------------------------------------------------------------ CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES 12 (See Instructions) [_] - ------------------------------------------------------------------------------ PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11) 13 9.32% - ------------------------------------------------------------------------------ TYPE OF REPORTING PERSON (SEE INSTRUCTIONS) 14 IN - ------------------------------------------------------------------------------ 2 The class of equity securities to which this Statement on Schedule 13D (the "Statement") relates is the Common Stock, having no par value ("Common Stock") of KS Bancorp, Inc., a North Carolina corporation ("KS Bancorp") with its principal executive offices located at P.O. Box 219, Kenly, North Carolina 27542. Item 2. Identity and Background. ------------------------ (a) Name Harold T. Keen (b) Residence 1121 Boyette Road Four Oaks, North Carolina 27524 (c) Employment President and CEO of KS Bancorp, Inc. & KS Bank, Inc. 207 W. Second Street P.O. Box 219 Kenly, North Carolina 27542 (d) During the last five years, Mr. Keen has not been convicted in a criminal proceeding (excluding traffic or similar violations). (e) During the last five years, Mr. Keen has not been a party to a civil proceeding of a judicial or administrative body of competent jurisdiction which resulted in (I) a judgement, decree or final order enjoining future violations of, or prohibiting or mandating activities subject to, federal or state securities laws or (ii) finding any violation with respect to such laws. (f) Mr. Keen is a citizen of the United States. Item 3. Source and Amount of Funds or Other Consideration ------------------------------------------------- Of the additional shares reported on this Amendment to Schedule 13D, 351 shares were purchased with personal funds of Mr. Keen. The other additional shares reported on this Amendment consist of shares which have been allocated to Mr. Keen pursuant to the Employee Stock Ownership Plan of KS Bank, Inc. Such shares were purchased by the Employee Stock Ownership Plan and allocated to Mr. Keen as an employee benefit in accordance with the terms of the Employeee Stock Ownership Plan. Item 4. Purpose of Transaction ---------------------- 3 Mr. Keen acquired the shares of Common Stock for investment and not with the purpose of changing or influencing the control of KS Bancorp. Mr. Keen does not have any plan or proposal which relates to or would result in any actions enumerated in subitems (a) through (j) of Item 4 of Schedule 13D, except that Mr. Keen may dispose of some or all of the Common Stock or may acquire additional shares of Common Stock from time to time, depending upon price and market conditions, evaluation of alternative investments, and other factors. Item 5. Interest in Securities of the Issuer. ------------------------------------- (a.) The aggregate number of shares of Common Stock deemed to be beneficially owned by Mr. Keen for the purposes of this Statement is 86,632.67 shares, representing approximately 9.32 percent of the outstanding shares of Common Stock based on 929,081 shares of Common Stock (886,633 shares of Common Stock outstanding on February 24, 1999 plus options to purchase 40,448 shares of Common Stock that have vested). (b.) Mr. Keen has the sole power to vote or to direct the vote and the sole power to dispose of or to direct the disposition of 83,100.67 shares of Common Stock. Mr. Keen shares the power to vote or to direct the vote and the power to dispose of or to direct the disposition of an additional 3,532 shares of Common Stock with his spouse, Barbara A. Keen, who resides at 1121 Boyette Road, Four Oaks, North Carolina, 27524. Mrs. Keen is a United States citizen and Graphic Design Instructor at Johnston Community College, P.O. Box 2350, US Highway 70, Smithfield, North Carolina, 27577. During the last five years, Mrs. Keen has not been convicted in a criminal proceeding (excluding traffic or similar violations). During the last five years, Mrs. Keen has not been a party to a civil proceeding of a judicial or administrative body of competent jurisdiction which resulted in (i) a judgement, decree or final order enjoining future violations of, or prohibiting or mandating activities subject to, federal or state securities laws or (ii) finding any violation with respect to such laws. (c.) Mr. Keen has not effected any transaction in the shares of Common Stock during the past sixty days. (d.) not applicable (e.) not applicable 4 Item 6. Contracts, Arrangements, Undertakings or Relationships With Respect to ---------------------------------------------------------------------- Securities of the Issuer. ------------------------- There are no relevant contracts, arrangements, understandings or relationships between Mr. Keen and any other person with respect to any securities of KS Bancorp. Item 7. Material to be filed as Exhibits. --------------------------------- None 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. Date: March 5, 1999 /s/ Harold T. Keen ----------------------------- 5 -----END PRIVACY-ENHANCED MESSAGE-----