144 1 d781268d144.htm FORM 144 FORM 144
UNITED STATES    OMB APPROVAL

 

SECURITIES AND EXCHANGE COMMISSION    OMB Number      3235-0101  
Washington, D.C. 20549    Expires:      June 30, 2020  
            Estimated average burden hours per response      1.00  
              
FORM 144    SEC USE ONLY

 

NOTICE OF PROPOSED SALE OF SECURITIES

PURSUANT TO RULE 144 UNDER THE SECURITIES ACT OF 1933

   

DOCUMENT SEQUENCE NO.

 

 

 

ATTENTION:  Transmit for filing 3 copies of this form concurrently with either placing an order with a broker to execute sale or executing a sale directly with a market maker.

  

CUSIP NUMBER

 

 

            WORK LOCATION

 

1(a) NAME OF ISSUER    (b) IRS IDENT. NO.    (c) S.E.C. FILE NO.     
Guaranty Bancshares, Inc.    75-1656431    001-38087       
1(d) ADDRESS OF ISSUER    CITY      STATE        ZIP CODE      (e) TELEPHONE NO

 

     AREA CODE      NUMBER  

201 South Jefferson Ave.

    Mount Pleasant      TX        75455      903      572-9881
              
2(a) NAME OF PERSON FOR WHOSE ACCOUNT THE SECURITIES ARE TO BE SOLD    (b) RELATIONSHIP TO ISSUER    (c) ADDRESS (STREET, CITY, STATE, ZIP CODE)

 

Kirk L. Lee    Director/Officer    201 South Jefferson Ave., Mt. Pleasant, TX 75455

 

INSTRUCTION: The person filing this notice should contact the issuer to obtain the I.R.S. Identification Number and the S.E.C. File Number.

 

3(a)  (b) SEC USE ONLY  (c)  (d)  (e)  (f)  (g)

Title of the Class of 

Securities To Be 

Sold 

 Name and Address of Each Broker
Through Whom the Securities are
to be Offered or Each Market
Maker who is Acquiring the
Securities		 Broker-Dealer
File Number		 Number of
Shares or Other
Units To Be Sold
(See instr. 3(c)) 		Aggregate
Market Value
(See instr. 3(d))		 Number of Shares
or Other Units
Outstanding
(See instr. 3(e)) 		Approximate
Date of Sale
(See instr. 3(f))
(MO. DAY YR.)		 Name of Each
Securities
Exchange
(See instr. 3(g))
Common Stock

FinTech Securities

1010 Huntcliff NE, Ste. 1230 

Atlanta, GA 30350

 7,027* $220,648** 11,560,058 07/26/2019

through

09/13/2019

 NASDAQ

 

INSTRUCTIONS:
1.    (a)    Name of issuer
   (b)    Issuer’s I.R.S. Identification Number
   (c)    Issuer’s S.E.C. file number, if any
   (d)    Issuer’s address, including zip code
   (e)    Issuer’s telephone number, including area code
2.    (a)    Name of person for whose account the securities are to be sold
   (b)    Such person’s relationship to the issuer (e.g., officer, director, 10 percent stockholder, or member of immediate family of any of the foregoing)
   (c)    Such person’s address, including zip code
3.    (a)    Title of the class of securities to be sold
   (b)    Name and address of each broker through whom the securities are intended to be sold
   (c)    Number of shares or other units to be sold (if debt securities, give the aggregate face amount)
   (d)    Aggregate market value of the securities to be sold as of a specified date within 10 days prior to the filing of this notice
   (e)    Number of shares or other units of the class outstanding, or if debt securities the face amount thereof outstanding, as shown by the most recent report or statement published by the issuer
   (f)    Approximate date on which the securities are to be sold
   (g)    Name of each securities exchange, if any, on which the securities are intended to be sold

Potential persons who are to respond to the collection of information contained in this form are not required

to respond unless the form displays a currently valid OMB control number.

TABLE I — SECURITIES TO BE SOLD

Furnish the following information with respect to the acquisition of the securities to be sold

and with respect to the payment of all or any part of the purchase price or other consideration therefor:

 

Title of

the Class

 Date you
Acquired		 Name of Acquisition
Transaction		 Name of Person From
Whom Acquired
(If gift, also give date
donor acquired) 		Amount of
Securities Acquired		 Date of Payment Nature of Payment

Common Stock  

 Various Issuer common stock allocated to participant’s account in Issuer’s KSOP Guaranty Bancshares, Inc. Employee Stock Ownership Plan with 401(k) Provisions 119,721 Various Rollover of funds from participant’s retirement account with prior employer to their account in Issuer’s KSOP

 

INSTRUCTIONS:   If the securities were purchased and full payment therefor was not made in cash at the time of purchase, explain in the table or in a note thereto the nature of the consideration given. If the consideration consisted of any note or other obligation, or if payment was made in installments describe the arrangement and state when the note or other obligation was discharged in full or the last installment paid.

 

TABLE II — SECURITIES SOLD DURING THE PAST 3 MONTHS

Furnish the following information as to all securities of the issuer sold during the past 3 months by the person for whose account the securities are to be sold.

 

Name and Address of the Seller    Title of Securities Sold    Date of Sale    Amount of
Securities Sold		    Gross Proceeds

None

                    

Remarks:

 

*

On March 8, 2018, the shares to be sold were transferred from Kirk Lee’s (“Participant”) employer stock account in the Issuer’s KSOP to an individual retirement account maintained by the Trust Department of Guaranty Bank & Trust, N.A. as IRA Custodian for Participant, through a rollover transaction permitted by the terms of the Issuer’s KSOP. On July 27, 2018, Participant filed a Form 144 relating to the proposed sale of 20,891 shares of the Issuer’s common stock between July 27 and September 14, 2018. All but 7,027 shares were sold during that period. Participant is filing this Form 144 to reflect his intention to sell up to 7,027 of the remaining shares of the Issuer’s common stock between July 26, 2019 and September 13, 2019.

**

Based on closing market price of $31.40 on July 24, 2019.

 

INSTRUCTIONS:

See the definition of “person” in paragraph (a) of Rule 144. Information is to be given not only as to the person for whose account the securities are to be sold but also as to all other persons included in that definition. In addition, information shall be given as to sales by all persons whose sales are required by paragraph (e) of Rule 144 to be aggregated with sales for the account of the person filing this notice.

ATTENTION:

The person for whose account the securities to which this notice relates are to be sold hereby represents by signing this notice that he does not know any material adverse information in regard to the current and prospective operations of the Issuer of the securities to be sold which has not been publicly disclosed. If such person has adopted a written trading plan or given trading instructions to satisfy Rule 10b5-1 under the Exchange Act, by signing the form and indicating the date that the plan was adopted or the instruction given, that person makes such representation as of the plan adoption or instruction date.

 

July 26, 2019

Date of Notice

    

Date of Plan Adoption or Giving of Instruction, if Relying on Rule 10b5-1.

/s/ Randall R. Kucera, as attorney in fact

(Signature)

The notice shall be signed by the person for whose account the securities are to be sold. At least one copy of the notice shall be manually signed.

Any copies not manually signed shall bear typed or printed signatures.

ATTENTION: Intentional misstatements or omission of facts constitute Federal Criminal Violations (See 18 U.S.C. 1001)