SEC Form 5
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.
X
Form 4 Transactions Reported.
1. Name and Address of Reporting Person*
SCHINDLER MARVIN F

(Last) (First) (Middle)
599 9TH STREET NORTH,SUITE 101

(Street)
NAPLES FL 34102

(City) (State) (Zip)
2. Issuer Name and Ticker or Trading Symbol
TIB FINANCIAL CORP. [ TIBB ]
5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)
X Director 10% Owner
Officer (give title below) Other (specify below)
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)
X Form filed by One Reporting Person
Form filed by More than One Reporting Person
Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned
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)
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).
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