Form 8-K

ECB BANCORP, INC.

Date: June 12, 2012

/s/ A. Dwight Utz

A. Dwight Utz

President and Chief Executive Officer

0001193125-12-267572.txt : 20120612 0001193125-12-267572.hdr.sgml : 20120612 20120612082536 ACCESSION NUMBER: 0001193125-12-267572 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20120612 ITEM INFORMATION: Other Events FILED AS OF DATE: 20120612 DATE AS OF CHANGE: 20120612 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ECB BANCORP INC CENTRAL INDEX KEY: 0001066254 STANDARD INDUSTRIAL CLASSIFICATION: STATE COMMERCIAL BANKS [6022] IRS NUMBER: 562090738 STATE OF INCORPORATION: NC FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-35389 FILM NUMBER: 12901957 BUSINESS ADDRESS: STREET 1: P O BOX 337 STREET 2: HWY 264 CITY: ENGELHARD STATE: NC ZIP: 27824 BUSINESS PHONE: 2529259411 MAIL ADDRESS: STREET 1: PO BOX 337 CITY: ENGLEHARD STATE: NC ZIP: 27824 8-K 1 d365606d8k.htm FORM 8-K Form 8-K

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): June 12, 2012

ECB BANCORP, INC.

(Exact name of registrant as specified in its charter)

North Carolina

000-24753

56-2090738

(State or other jurisdiction of

incorporation or organization)

(Commission

File Number)

(IRS Employer

Identification No.)

Post Office Box 337

Engelhard, North Carolina 27824

(Address of principal executive offices) (Zip Code)

(252) 925-5501

(Registrant’s telephone number, including area code)

Not Applicable

(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 8.01

Other Events.

The Board of Directors of ECB Bancorp, Inc. has received a communication from Gregory C. Gibbs (former ECB Bancorp director), Regina Ann Gibbs, Charles G. Gibbs, Jr. and the Estate of Anna Mae H. Gibbs (collectively the “Gibbs Family”). The Gibbs Family communication was delivered by Gregory Gibbs at ECB Bancorp’s 2012 annual meeting of stockholders and was subsequently filed on June 8, 2012 with the Securities and Exchange Commission on a Schedule 13D filed by the Gibbs Family.

In response to the Gibbs Family communication, the Board of Directors would like to publicly announce its unanimous support for and confidence in the executive management team of ECB Bancorp. In addition, the Board of Directors notes that Gregory Gibbs served as a member of the Board of Directors until his resignation in September 2011. During this time, Mr. Gibbs participated in Board deliberations and voted in favor of the several Board decisions that the Gibbs Family is now criticizing in its communication.

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 thereunto duly authorized.