0001608698-14-000004.txt : 20140722 0001608698-14-000004.hdr.sgml : 20140722 20140722184623 ACCESSION NUMBER: 0001608698-14-000004 CONFORMED SUBMISSION TYPE: MA-I PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20140716 FILER: COMPANY DATA: COMPANY CONFORMED NAME: Community Capital LLC CENTRAL INDEX KEY: 0001608698 IRS NUMBER: 621788311 STATE OF INCORPORATION: TN FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: MA-I SEC ACT: 1934 Act SEC FILE NUMBER: 868-00746 FILM NUMBER: 14987431 BUSINESS ADDRESS: STREET 1: 1708 MONROE AVENUE CITY: MEMPHIS STATE: TN ZIP: 38104 BUSINESS PHONE: 901-274-5666 MAIL ADDRESS: STREET 1: 1708 MONROE AVENUE CITY: MEMPHIS STATE: TN ZIP: 38104 MA-I 1 primary_doc.xml MA-I 0001608698 XXXXXXXX Pamela Z. Clary 901-274-5666 pclary@community-capital.com N Archie Walter Willis III N 1 0001608698 Community Capital LLC ComCap Advisors, a division of Community Capital 10-25-1999 N 07-03-2014 0001608698 LOCATED 10-25-1999 1708 MONROE AVENUE MEMPHIS TN 38104 10-1999 Community Capital LLC Memphis TN 38104 Y N President Y 05-2010 1708 Monroe Partners LLC 1708 Monroe Avenue Memphis TN 38104 N N Real Estate Partner 5 General management of small office building 01-2013 Tri-State Bank 180 S. Main Street Memphis TN 38103 N N Community Bank Vice Chair - Board of Directors 10 General management oversight 02-2013 Community Realty 1708 Monroe Avenue Memphis TN 38104 N N Real estate sales Vice President 5 General management N N N N N N N N N Y N Y Y N N N N N N N N N N N N N N N N N N N N N N N N Y N N N N N N N N N N N N 07-16-2014 Archie W. Willis III President Mr. Willis was one of eight respondents in an administrative proceeding initiated by the Securities and Exchange Commission Division of Enforcement: In the Matter of J. Kenneth Alderman, et al., Admin. Proceeding File No. 3-15127 (Order Instituting Public Administrative and Cease-and-Desist Proceedings entered on Dec. 10, 2012; Order Making Findings and Imposing a Cease and Desist Order on entered June 13, 2013). On December 10, 2012, the Division of Enforcement instituted public administrative and cease-and-desist proceedings in which it alleged that the respondents caused violations of three rules promulgated under the Investment Company Act of 1940 (ICA), including Rule 22c-1 under the ICA, Rule 30a-3 under the ICA and Rule 38a-1 under the ICA. The Division of Enforcement and the respondents subsequently engaged in motions practice for several months. Respondents later submitted Offers of Settlement, which the Commission determined to accept. On June 13, 2013, the Commission entered an Order Making Findings and Imposing a Cease and Desist Order Pursuant to Section 9(f) of the ICA (Order). In the Order, the Commission found that respondents caused certain registered investment companies to violate Rule 38a-1 under the ICA. Respondents neither admitted nor denied the Commissions findings. Respondents were ordered to cease and desist from committing or causing any violations, or any future violations, of Rule 38a-1. 6C(2) 6C(4) 6C(5) Cease and Desist 12-10-2012 In the Matter of J. Kenneth Alderman, et al., Admin. Proceeding File No. 3-15127 3-15127 100 F Street NE Washington DC 20549 None 002157724 Mutual Fund(s) See response to question 14. Cease and Desist Order Y 06-13-2013 Mr. Willis is currently one of multiple defendants in eight related civil lawsuits concerning certain investment companies (Funds) managed by Morgan Asset Management, Inc. (MAM) and sold through Morgan Keegan & Co. Inc. (Morgan Keegan) that have been consolidated in federal court in the U.S. District Court for the Western District of Tennessee under the caption In re Regions Morgan Keegan Securities, Derivative and ERISA Litigation, 09-md-2009-SHM. Mr. Willis also has been dismissed from several related lawsuits. The pending lawsuits name as defendants MAM, Morgan Keegan, their parent corporations, certain officers of MAM and Morgan Keegan, and certain former directors of the Funds. Mr. Willis formerly served as an independent director of the Funds. Plaintiffs generally allege that defendants made or were responsible for certain misstatements or omissions from the Funds registration statements and other public filings made during the period 2004 through 2007. The cases assert violations of Sections 11 and 12 of the Securities Act of 1933. One of the lawsuits was brought as a putative class action under the federal securities laws on behalf of persons who purchased shares in the Funds during the period December 6, 2004 through October 3, 2007. See Atkinson, et al. v. Morgan Asset Management, Inc., et al., 07 cv 2784 (filed Dec. 6, 2007). The remaining lawsuits were brought as direct (non-class) actions by persons who had purchased shares in the Funds. Certain of these cases were filed in federal court; others were removed from state court to federal court. See Stewart Goddard Family Living Trust U/A and Goddard Foundation v. Morgan Keegan & Company, Inc., et al., 09-cv-2544 (filed June 8, 2009); Duncan v. Morgan Keegan & Company, Inc., et al., 10-cv-2640 (filed June 18, 2010); Woods v. Morgan Asset Management, Inc., et al., 09 cv 2280 (filed July 24, 2008); Freeman v. Regions Bank d/b/a Regions Morgan Keegan Trust, et al., 10-cv-2278 (filed Oct. 6, 2009); Karrels v. Morgan Asset Management, Inc., et al., 10-cv-2279 (filed Oct. 6, 2009); Ballinger v. Morgan Keegan & Company, Inc., et al., 10-cv-2509 (filed Dec. 3, 2009); and Bolton v. Morgan Asset Management, Inc., et al., 10-cv-2439 (filed Dec. 7, 2009). Most of the actions are in their early phases. Defendants have responded to the Atkinson complaint and denied all allegations of wrongdoing. In 2012, the Atkinson plaintiffs requested the courts permission to amend their consolidated amended class action complaint; the Court has not yet ruled on their motion. 6I(2)(a) Y Various parties. X1 None Mutual Fund(s) Alleged damages to be proven at trial. 1.00 Not specified. Federal Court U.S. District Court for the Western Tennessee District 3-15127 242 Clifford Davis Federal Building Memphis TN 38103 In the Matter of J. Kenneth Alderman, et al., Admin. Proceeding File No. 3-15127 12-06-2007 See Question 24.