-----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, Lkv4HQHDDz9i+2Yokw1UuqoqH3A7BhJdD2Bt89AbdGZsoinU+wKK9ebC1EBQ+2rl atxugwiTUHX1MBo3of0dNQ== 0001157523-07-010042.txt : 20071022 0001157523-07-010042.hdr.sgml : 20071022 20071022153627 ACCESSION NUMBER: 0001157523-07-010042 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20071022 ITEM INFORMATION: Results of Operations and Financial Condition ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20071022 DATE AS OF CHANGE: 20071022 FILER: COMPANY DATA: COMPANY CONFORMED NAME: FOUR OAKS FINCORP INC CENTRAL INDEX KEY: 0001040799 STANDARD INDUSTRIAL CLASSIFICATION: STATE COMMERCIAL BANKS [6022] IRS NUMBER: 562028446 STATE OF INCORPORATION: NC FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-22787 FILM NUMBER: 071183147 BUSINESS ADDRESS: STREET 1: 6144 US 301 SOUTH STREET 2: P O BOX 309 CITY: FOUR OAKS STATE: NC ZIP: 27524 BUSINESS PHONE: 9199632177 8-K 1 a5524339.txt FOUR OAKS FINCORP, INC. 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 OR 15(d) of The Securities Exchange Act of 1934 Date of Report (Date of Earliest Event Reported): October 22, 2007 FOUR OAKS FINCORP, INC. (Exact name of registrant as specified in its charter) North Carolina 000-22787 56-2028446 (State or other jurisdiction (Commission File (I.R.S. Employer of incorporation) Number) Identification Number) 6114 U.S. 301 South Four Oaks, North Carolina 27524 (Address of principal executive offices) (Zip Code) (919) 963-2177 Registrant's telephone number, including area code N/A (Former name or former address, if changed since last report) Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions: [ ] Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) [ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) [ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) [ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) Item 2.02 Results of Operations and Financial Condition. On October 22, 2007, Four Oaks Fincorp, Inc. (OTC BB: FOFN) issued a press release announcing reported financial results for the third quarter ended September 30, 2007. The full text of the press release is set forth in Exhibit 99.1 hereto and is incorporated herein by reference. Pursuant to General Instruction B.2 of Current Report on Form 8-K, the information in this Item 2.02, including the press release attached as Exhibit 99.1, is furnished and shall not be deemed to be "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liability of that section. Furthermore, the information in this Item 2.02, including the press release attached as Exhibit 99.1, shall not be deemed to be incorporated by reference into the filings of the registrant under the Securities Act of 1933, as amended. Item 9.01 Financial Statements and Exhibits. (c) Exhibits. Exhibit No. Description ----------- ----------- 99.1 Press Release issued on October 22, 2007 SIGNATURE Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. FOUR OAKS FINCORP, INC. By: /s/ Ayden R. Lee, Jr. ----------------------- Ayden R. Lee, Jr. Chairman, President and Chief Executive Officer Date: October 22, 2007 EXHIBIT INDEX ------------- Exhibit No. Description ----------- ----------- 99.1 Press Release issued on October 22, 2007 EX-99.1 2 a5524339ex991.txt EXHIBIT 99.1 Exhibit 99.1 Four Oaks Fincorp, Inc. Announces 2007 Third Quarter Results FOUR OAKS, N.C.--(BUSINESS WIRE)--Oct. 22, 2007--Four Oaks Fincorp, Inc. (OTCBB:FOFN), the holding company for Four Oaks Bank & Trust Company, today announced results for the third quarter of fiscal 2007. The third quarter of 2007 net income represents the highest quarterly net income achieved since the third quarter of 2006. Net income was $1.8 million and $4.3 million, or $0.29 and $0.70 per basic share, for the quarter and nine months ended September 30, 2007, compared to $2.1 million and $5.5 million, or $0.35 and $0.90 per basic share, for the quarter and nine months ended September 30, 2006. Compared to the same respective periods of 2006, net income decreased 15.5% and 21.9% for the quarter and nine months ended September 30, 2007, respectively. Fiscal 2007 earnings have declined from fiscal 2006 primarily due to lower margins, declines in noninterest income, and increased operating costs related to expansion. For the twelve months ended September 30, 2007, return on average equity and return on average assets were 11.46% and 0.92%, respectively, compared to 15.56% and 1.28%, respectively, for the twelve months ended September 30, 2006. We increased the level of dividends paid to our shareholders from the $0.058 per share that was paid in the third quarter of 2006 to $0.07 per share paid in the third quarter of fiscal year 2007, an increase of 25%. All per share figures are adjusted for the effect of the 10% stock dividend which will be paid on November 9, 2007, to shareholders of record on October 30, 2007. Net interest margin year-to-date annualized as of September 30, 2007 of 3.86% fell 55 basis points compared to 4.41% as of September 30, 2006. The third quarter net interest margin annualized for 2007 of 3.89% compared to 4.26% in 2006, fell only 37 basis points, which is the smallest quarter to quarter variance achieved in 2007. Growth in average earning assets of 18.1% over the past year produced a 16.7% and 18.9% increase in total interest income for the quarter and nine months ended September 30, 2007 as compared to the same respective periods of 2006. The cost of funding our assets grew 60 basis points as our year-to-date annualized cost of paying liabilities went from 3.97% as of September 30, 2006 to 4.57% as of September 30, 2007. Interest expense increased 29.3% and 39.9% for the quarter and nine months ended September 30, 2007, respectively, as compared to the same respective periods of 2006. Our net interest income after the provision for loan losses for the third quarter and nine months ended September 30, 2007 increased 7.8% and 3.0%, respectively, compared to the same periods of 2006. Salaries and benefits expenses for the quarter and nine months ended September 30, 2007 were 18.4% and 23.0% higher, respectively, than for the same respective periods of 2006 due to new hires for our offices that opened during 2006, administrative positions filled due to our growth, and normal increases in wages and benefits costs. Other operating expenses increased 10.2% and 17.5%, respectively, for third quarter and nine months ended September 30, 2007 as compared to the same periods of 2006. Professional fees increased 12.3% from $747,340 at September 30, 2006, to $839,548 at September 30, 2007, primarily related to ongoing compliance with Section 404 of the Sarbanes-Oxley Act of 2002. Our balance sheet growth continued in the third quarter of 2007. Quarterly average earning assets of $630.6 million in the third quarter of 2007 grew 16.8% from $539.9 million in the third quarter of 2006. Net loans of $500.8 million at September 30, 2007 increased 13.9% and 9.8%, respectively, compared to $439.8 million at September 30, 2006, and $456.2 million at December 31, 2006. Total deposits of $514.3 million at September 30, 2007 increased 9.7% and 10.2%, respectively, from $468.8 million at September 30, 2006, and $466.9 million at December 31, 2006. Shareholders' equity was $53.8 million at September 30, 2007, an increase of 13.7% and 9.1%, respectively, over September 30, 2006 and December 31, 2006. Book value per share at September 30, 2007 was $8.70 as compared to $7.76 at September 30, 2006 and $8.04 at December 31, 2006. Shareholders' equity as a percentage of total assets was 7.88% at September 30, 2007 as compared to 7.91% at September 30, 2006 and 8.11% at December 31, 2006. With $683.1 million in total assets as of September 30, 2007, the Company, through its wholly owned subsidiary, Four Oaks Bank & Trust Company, offers a broad range of financial services through its thirteen offices in Four Oaks, Clayton, Smithfield, Garner, Benson, Fuquay-Varina, Wallace, Holly Springs, Harrells, Sanford, and Zebulon, North Carolina. The loan production office in Dunn, North Carolina, is expected to open in October, 2007. Four Oaks Fincorp, Inc. trades through its market makers under the symbol of FOFN. Information in this press release contains forward-looking statements. These statements involve risks and uncertainties that could cause actual results to differ materially, including without limitation , the effects of future economic conditions, governmental fiscal and monetary policies, legislative and regulatory changes, the risks of changes in interest rates, and the effects of competition. Additional factors that could cause actual results to differ materially are discussed in the Company's filings with the Securities and Exchange Commission, including without limitation its Annual Report on Form 10-K, its Quarterly Reports on Form 10-Q and its Current Reports on Form 8-K. The Company does not undertake a duty to update any forward-looking statements in this press release. CONTACT: Four Oaks Fincorp, Inc. Ayden R. Lee, Jr., 919-963-2177 Chairman, President, and Chief Executive Officer Nancy S. Wise, 919-963-2177 Executive Vice President and Chief Financial Officer -----END PRIVACY-ENHANCED MESSAGE-----