FORM 5 |
UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 ANNUAL STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934 or Section 30(h) of the Investment Company Act of 1940 |
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Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b). | |||||||||||||||||
Form 3 Holdings Reported. | |||||||||||||||||
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Form 4 Transactions Reported. |
1. Name and Address of Reporting Person*
(Street)
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2. Issuer Name and Ticker or Trading Symbol
TIB FINANCIAL CORP. [ TIBB ] |
5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
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3. Statement for Issuer's Fiscal Year Ended
(Month/Day/Year) 12/31/2009 | ||||||||||||||||||||||||||
4. If Amendment, Date of Original Filed
(Month/Day/Year) |
6. Individual or Joint/Group Filing (Check Applicable Line)
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Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned | |||||||||||||||
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1. Title of Security (Instr. 3) | 2. Transaction Date (Month/Day/Year) | 2A. Deemed Execution Date, if any (Month/Day/Year) | 3. Transaction Code (Instr. 8) | 4. Securities Acquired (A) or Disposed Of (D) (Instr. 3, 4 and 5) | 5. Amount of Securities Beneficially Owned at end of Issuer's Fiscal Year (Instr. 3 and 4) | 6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) | 7. Nature of Indirect Beneficial Ownership (Instr. 4) | ||||||||
Amount | (A) or (D) | Price | |||||||||||||
Common Stock, $.10 par value | 12/31/2009 | J | 1,732(1) | A | $0.00 | 58,893 | D | ||||||||
Common Stock, $.10 par value | 07/02/2009 | S4 | 92(2) | D | $1.44 | 58,893 | D |
Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned (e.g., puts, calls, warrants, options, convertible securities) | ||||||||||||||
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1. Title of Derivative Security (Instr. 3) | 2. Conversion or Exercise Price of Derivative Security | 3. Transaction Date (Month/Day/Year) | 3A. Deemed Execution Date, if any (Month/Day/Year) | 4. Transaction Code (Instr. 8) | 5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3, 4 and 5) | 6. Date Exercisable and Expiration Date (Month/Day/Year) | 7. Title and Amount of Securities Underlying Derivative Security (Instr. 3 and 4) | 8. Price of Derivative Security (Instr. 5) | 9. Number of derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4) | 10. Ownership Form: Direct (D) or Indirect (I) (Instr. 4) | 11. Nature of Indirect Beneficial Ownership (Instr. 4) | |||
(A) | (D) | Date Exercisable | Expiration Date | Title | Amount or Number of Shares | |||||||||
Stock Options | $14.8983 | 05/08/2009 | 05/08/2016 | Common Stock | 1,275(3) | 1,275 | D | |||||||
Stock Options | $14.8983 | 05/08/2010 | 05/08/2016 | Common Stock | 424(3) | 424 | D | |||||||
Stock Options | $14.8983 | 05/08/2011 | 05/08/2016 | Common Stock | 424(3) | 424 | D |
Explanation of Responses: |
1. TIB Financial Corp. declared a 1% stock dividend payable to all holders of record of common stock on 3/31/09, 6/30/09 and 9/30/09, respectively, which was distributed on 4/10/09, 7/10/09 and 10/10/09, respectively. The reporting person acquired 572 shares, 577 shares and 583 shares, respectively, on each distribution date. 51,818 shares are held in joint tenancy with his wife, Gail Schindler. |
2. The sale of 92 shares of TIB stock was done by the reporting person's new broker's back office on 9/2/2009 because of a $94.22 debit charge was transferred over from the prior broker when the account transitioned to the new broker on 7/1/2009. The reporting person does not know why the account would have been charged the $94.22 by the prior broker, but it's not unusual to have debit balances transfer over. The new broker allows 60 days for cash or dividends to transition into the account to cover any existing debits before they freeze or sell assets to cover the amount. For debits under $100 the new broker's standing policy is to sell securities (mutual fund and stocks) to cover the debit. The account is now properly coded for future trade review. |
3. 2,123 Stock Option shares granted 5/8/2006 - vesting over five years expiring 5/8/2016. |
Remarks: |
Vicki L. Walker, Attorney-In-Fact for Marvin F. Schindler | 01/21/2010 | |
** Signature of Reporting Person | Date | |
Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. | ||
* If the form is filed by more than one reporting person, see Instruction 4 (b)(v). | ||
** Intentional misstatements or omissions of facts constitute Federal Criminal Violations See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). | ||
Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure. | ||
Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number. |