0001350082-13-000002.txt : 20130315 0001350082-13-000002.hdr.sgml : 20130315 20130315160758 ACCESSION NUMBER: 0001350082-13-000002 CONFORMED SUBMISSION TYPE: 4/A PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20121123 FILED AS OF DATE: 20130315 DATE AS OF CHANGE: 20130315 REPORTING-OWNER: OWNER DATA: COMPANY CONFORMED NAME: Estate of Anna Mae Gibbs CENTRAL INDEX KEY: 0001350082 FILING VALUES: FORM TYPE: 4/A SEC ACT: 1934 Act SEC FILE NUMBER: 001-35389 FILM NUMBER: 13694186 MAIL ADDRESS: STREET 1: PO BOX 39 CITY: ENGLEHARD STATE: NC ZIP: 27824 ISSUER: 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 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 4/A 1 primary_doc.xml PRIMARY DOCUMENT X0306 4/A 2012-11-23 2012-11-26 0 0001066254 ECB BANCORP INC ECBE 0001350082 Estate of Anna Mae Gibbs C/O GIBBS STORE, LLC PO BOX 39 ENGELHARD NC 27824 0 0 1 0 Common Stock 2012-11-23 4 S 0 559 14.67 D 364562 D The original Form 4 incorrectly reported the amount of securities disposed of as 539, which subsequently created a reporting of 364,582 shares as being beneficially owned following the reported transaction that also impacted the total beneficially owned securities reported in the three Forms 4 filed by the reporting person after the original Form 4 was filed. /s/ Gregory C. Gibbs, Co-Executor, By: Stuart M. Rigot, Attorney-in-Fact 2013-03-15 EX-24 2 poaestategibbs.txt POA POWER OF ATTORNEY Know all by these presents that the undersigned hereby constitutes and appoints each of Anthony Gaeta, Jr., Stuart M. Rigot, Todd H. Eveson, and Jonathan A. Greene, and each of them acting alone, signing singly, the undersigned's true and lawful attorney-in-fact to: (1) execute for and on behalf of the undersigned, in the undersigned's capacity as a 10% or more shareholder of ECB Bancorp, Inc. (the "Company"), Forms ID, 3, 4, 5 and Update Passphrase Acknowledgement (and any amendments thereto) in accordance with Section 16(a) of the Securities Exchange Act of 1934, as amended (the "1934 Act"), and the rules promulgated thereunder, and any prior actions taken with respect thereto are hereby ratified and confirmed; (2) do and perform any and all acts for and on behalf of the undersigned which may be necessary or desirable to complete and execute any such Form ID, 3, 4, 5 and Update Passphrase Acknowledgement (and any amendments thereto) and to file timely such form with the United States Securities and Exchange Commission and any stock exchange or similar authority, and any prior actions taken with respect thereto are hereby ratified and confirmed; and (3) take any other action of any type whatsoever in connection with the foregoing which in the opinion of such attorney-in-fact may be of benefit to, in the best interest of, or legally required by, the undersigned, it being understood that the documents executed by such attorney-in-fact on behalf of the undersigned pursuant to this Power of Attorney shall be in such form and shall contain such terms and conditions as such attorney-in-fact may approve in such attorney-in-fact's discretion. The undersigned hereby grants to each such attorney-in-fact full power and authority to do and perform any and every act and thing whatsoever requisite, necessary or proper to be done in the exercise of any of the rights and powers herein granted, as fully to all intents and purposes as the undersigned might or could do if personally present, with full power of substitution or revocation, hereby ratifying and confirming all that such attorney-in-fact, or such attorney-in-fact's substitute or substitutes, shall lawfully do or cause to be done by virtue of this Power of Attorney and the rights and powers herein granted. The undersigned acknowledges that the foregoing attorneys-in-fact, in serving in such capacity at the request of the undersigned, are not assuming (1)any of the undersigned's responsibilities to comply with Section 16 of the 1934 Act, (2) any liability of the undersigned for any failure to comply with such requirements, or (3) any obligation or liability of the undersigned for profit disgorgement under Section 16(b) of the 1934 Act. This Power of Attorney shall remain in full force and effect until the undersigned is no longer required to file Forms ID, 3, 4 and 5 with respect to the undersigned's holdings of and transactions in securities issued by the Company, unless earlier revoked by the undersigned in a signed writing delivered to each of the foregoing attorneys-in-fact. IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to be executed as of this 6th day of March 2013. ESTATE OF ANNA MAE H. GIBBS By: /s/ Gregory C. Gibbs Name: Gregory C. Gibbs Title: Co-Executor