-----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, DGi/gh4B+klN2pO/0rz4nBBnHTWMXo592xYNgBqTpo2gy/voF2TxFKsE3kPZSb1X VU1DV4+1OkX7uadlrhRXYw== 0001051622-98-000060.txt : 19981201 0001051622-98-000060.hdr.sgml : 19981201 ACCESSION NUMBER: 0001051622-98-000060 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 19981119 ITEM INFORMATION: FILED AS OF DATE: 19981130 FILER: COMPANY DATA: COMPANY CONFORMED NAME: SURETY CAPITAL CORP /DE/ CENTRAL INDEX KEY: 0000784932 STANDARD INDUSTRIAL CLASSIFICATION: NATIONAL COMMERCIAL BANKS [6021] IRS NUMBER: 752065607 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: SEC FILE NUMBER: 001-12818 FILM NUMBER: 98761531 BUSINESS ADDRESS: STREET 1: 1845 PRECINCT LINE RD STE 100 CITY: HURST STATE: TX ZIP: 76054 BUSINESS PHONE: 8174982749 MAIL ADDRESS: STREET 1: 1845 PRECINCT LINE RD STE 100 CITY: HURST STATE: TX ZIP: 76054 FORMER COMPANY: FORMER CONFORMED NAME: K CAPITAL INC DATE OF NAME CHANGE: 19870407 8-K 1 FORM 8-K FORM 8-K Securities and Exchange Commission Washington, D.C. 20549 CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (date of earliest event reported): November 19, 1998 Surety Capital Corporation ------------------------------------------------------ (exact name of registrant as specified in its charter) Delaware 33-1983 75-2065607 - --------------- ------------------------ -------------- (State or other (Commission File Number) (IRS Employer jurisdiction of Identification incorporation) Number) 1845 Precinct Line Road, Suite 100, Hurst, Texas 76054 ------------------------------------------------------- (address of principal executive offices) Registrant's telephone number, including area code: (817) 498-2749 Not applicable ------------------------------------------------------------- (Former name or former address, if changed since last report) PAGE Item 5. Other Events On November 19, 1998, each member of the Board of Directors of the Registrant's wholly owned subsidiary, Surety Bank, National Association ("Surety Bank"), signed a formal written agreement with the Office of the Comptroller of the Currency ("OCC") pursu- ant to which Surety Bank is required to achieve certain capital levels and adopt and implement certain plans, policies and strate- gies (the "Formal Agreement"). In particular, Surety Bank is required to achieve by March 31, 1999 Tier I and Tier II combined capital at least equal to 12% of risk-weighted assets and Tier I leverage capital at least equal to 7.5% of adjusted total assets, and by December 31, 1999 Tier I and Tier II combined capital at least equal to 14% of risk-weighted assets. At October 16, 1998, following the consummation of the sale of Surety Bank's four Lufkin-area branches to Commercial Bank of Texas, National Association, Surety Bank had Tier I and Tier II combined capital of 10.6% of risk-weighted assets and Tier I leverage capital of 6.7% of adjusted total assets. Management believes that it will be able to achieve the Tier I and Tier II combined capital levels and the leverage ratio required by March 31, 1999 and December 31, 1999, respectively, as well as adopt and implement certain plans, policies and strategies, all as more fully set forth in the Formal Agreement. However, no assur- ance can be given that management will be successful in such efforts. Additionally, the Formal Agreement prohibits the Board of Directors from declaring or paying any dividends unless Surety Bank is in compliance with (1) certain statutory requirements, its approved capital program, and the Tier I and Tier II capital levels set forth in the Formal Agreement, and (2) has obtained the prior written approval of the OCC. As a holding company without significant assets other than its ownership of Surety Bank, the Registrant's ability to meet its cash obligations, including its debt service obligations on its outstanding subordinated debt, is dependent upon the payment of dividends by Surety Bank. Although the Registrant believes it has sufficient financing for its working capital needs, including its debt service obliga- tions, through the end of its 1999 fiscal year, there can be no assurance that the Registrant's present capital and financing will be sufficient to finance future operations. In such event the Registrant, if it is unable to obtain additional financing from external sources, could be required to restrict operations. PAGE SIGNATURES 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. SURETY CAPITAL CORPORATION DATE: November 30, 1998 /s/ Bobby W. Hackler -------------------- Bobby W. Hackler Chairman of the Board -2- -----END PRIVACY-ENHANCED MESSAGE-----