X0303 4 2009-10-05 0 0001071992 CAPITAL BANK CORP CBKN 0001269855 ATKINS CHARLES F P. O. BOX 819 SANFORD NC 27330 1 0 0 0 Common Stock 22990 D Common Stock 50100 I By Affiliated Corporation Common Stock 12603 I By Affiliated Corporation Common Stock 1000 I By Affiliated Corporation Stock Option (Right to Buy) 8.00 2000-01-03 2010-01-03 Common Stock 2500 2500 D Stock Option (Right to Buy) 10.65 2001-12-28 2011-12-28 Common Stock 5000 5000 D Stock Option (Right to Buy) 18.36 2004-12-31 2014-12-31 Common Stock 2000 2000 D Phantom Stock Units 2010-01-01 2010-01-01 Common Stock 6674 6674 D Phantom Stock Units 2009-10-05 4 A 0 2120 4.96 A 2011-01-27 2011-01-27 Common Stock 2120 5665 D AGA Corporation - 19.8% owned by reporting person. AK&K Corporation ? 25% owned by reporting person. Taboys Corporation - 100% owned by reporting person. "Phantom stock units" acquired by the reporting person from the Capital Bank Corporation Deferred Compensation Plan for Outside Directors (As Amended and Restated November 20, 2008). Each phantom stock unit is the economic equivalent of one share of Capital Bank Corporation common stock. The units are payable in stock upon the reporting person's termination of service as a director due to complete retirement, disability, death, or other separation from service, or upon a date certain specified by the participant. Between 7/23/09 and the date of this report, the reporting person acquired 165 shares of Capital Bank Corporation common stock under the Capital Bank Corporation dividend reinvestment plan. Nancy A. Snow, by power of attorney 2009-10-07