-----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, TGGSDGb0dIr65OHE3QwOHxqX4klQuUQAlhCnPx0MXA23uT5Qs9whiDBnsQoPQTuu slEBUDwyrMgUKQ6ovzw22A== 0001193125-10-214802.txt : 20100922 0001193125-10-214802.hdr.sgml : 20100922 20100922165949 ACCESSION NUMBER: 0001193125-10-214802 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20100917 ITEM INFORMATION: Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers: Compensatory Arrangements of Certain Officers FILED AS OF DATE: 20100922 DATE AS OF CHANGE: 20100922 FILER: COMPANY DATA: COMPANY CONFORMED NAME: Bank of the Carolinas CORP CENTRAL INDEX KEY: 0001365997 STANDARD INDUSTRIAL CLASSIFICATION: NATIONAL COMMERCIAL BANKS [6021] IRS NUMBER: 204989192 STATE OF INCORPORATION: NC FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-52195 FILM NUMBER: 101085075 BUSINESS ADDRESS: STREET 1: 135 BOXWOOD VILLAGE DRIVE CITY: MOCKSVILLE STATE: NC ZIP: 27028 BUSINESS PHONE: 336-751-5755 MAIL ADDRESS: STREET 1: 135 BOXWOOD VILLAGE DRIVE CITY: MOCKSVILLE STATE: NC ZIP: 27028 8-K 1 d8k.htm FORM 8-K Form 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): September 17, 2010

 

 

BANK OF THE CAROLINAS CORPORATION

(Exact name of registrant as specified in its charter)

 

 

 

North Carolina   000-52195   20-4989192

(State or other jurisdiction

of incorporation)

  

(Commission

File Number)

  

(IRS Employer

Identification No.)

 

135 Boxwood Village Drive

Mocksville, North Carolina

   27028
(Address of principal executive offices)   (Zip Code)

Registrant’s telephone number, including area code: (336) 751-5755

 

 

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 5.02. Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.

On September 17, 2010, Robert E. Marziano resigned from his positions as President and Chief Executive Officer of Bank of the Carolinas Corporation and our bank subsidiary, Bank of the Carolinas. He is expected to continue to serve as a director of both companies. On September 22, 2010, Stephen R. Talbert, who, as previously reported, had been appointed on August 10, 2010, to serve as our and the Bank’s Interim Chief Executive Officer during Mr. Marziano’s medical leave of absence, was appointed by the Boards to serve as President and Chief Executive Officer of both companies.

Mr. Marziano’s resignation terminated his Restated Employment Agreement with the Bank dated December 23, 2008. In connection with his resignation, the Bank has agreed to waive provisions in that Agreement requiring Mr. Marziano to give the Bank 90 days notice of his resignation and restricting Mr. Marziano’s ability to engage in specified activities following a termination of his employment.

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the Registrant has duly caused this Report to be signed on its behalf by the undersigned hereunto duly authorized.

 

        BANK OF THE CAROLINAS CORPORATION
                             (Registrant)
Date: September 22, 2010     By:  

/S/ STEPHEN R. TALBERT

      Stephen R. Talbert
      President and Chief Executive Officer
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