-----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, QZlYEm5zRQi6+un5Vr7pJ9k0gYNglpvRD+Ne4u3XE/J32A6e2Opfq6co8k5ZHg7b GH/uRCIjlCWPBVZiS4NEDA== 0000889936-08-000012.txt : 20080630 0000889936-08-000012.hdr.sgml : 20080630 20080630110444 ACCESSION NUMBER: 0000889936-08-000012 CONFORMED SUBMISSION TYPE: 11-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20080630 FILED AS OF DATE: 20080630 DATE AS OF CHANGE: 20080630 FILER: COMPANY DATA: COMPANY CONFORMED NAME: PRIVATEBANCORP, INC CENTRAL INDEX KEY: 0000889936 STANDARD INDUSTRIAL CLASSIFICATION: STATE COMMERCIAL BANKS [6022] IRS NUMBER: 363681151 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 11-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-34066 FILM NUMBER: 08924422 BUSINESS ADDRESS: STREET 1: 70 WEST MADISON, SUITE 200 CITY: CHICAGO STATE: IL ZIP: 60602 BUSINESS PHONE: 3126837100 MAIL ADDRESS: STREET 1: 70 WEST MADISON, SUITE 200 CITY: CHICAGO STATE: IL ZIP: 60602 FORMER COMPANY: FORMER CONFORMED NAME: PRIVATEBANCORP INC DATE OF NAME CHANGE: 19990408 11-K 1 pvtbform11k.htm PRIVATEBANCORP, INC FORM 11-K pvtbform11k.htm

 
 

 

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549
 
_______________
 
FORM 11-K
 
______________
 
(Mark One):
 
 x
Annual report pursuant to Section 15(d) of the Securities Exchange Act of 1934
 
For the fiscal year ended December 31, 2007
 
OR
 
  o
Transition report pursuant to Section 15(d) of the Securities Exchange Act of 1934
 
Commission File Number: 000-25887
 
_______________
 
PRIVATEBANCORP, INC.
SAVINGS, RETIREMENT AND EMPLOYEE STOCK OWNERSHIP PLAN

 (Full title of the plan)
 
_______________
 
PrivateBancorp, Inc.
70 West Madison Street
Chicago, Illinois 60602
(Name of the issuer of the securities held pursuant to the plan and
the address of its principal executive office)
 

 
 

 

REQUIRED INFORMATION
 
Item 4.
The PrivateBancorp, Inc. Savings, Retirement and Employee Stock Ownership Plan (the “Plan”) is subject to ERISA and files Plan financial statements and schedules prepared in accordance with the financial requirements of ERISA.
 
Financial Statements.  Listed below are the financial statements and schedules filed as a part of the annual report.
 
(a)Statements of Net Assets Available for Benefits as of December 31, 2007 and 2006, and the related Statements of Changes in Net Assets Available for Benefits for the years ended December 31, 2007 and 2006.
 
(b)Statements of Net Assets Available for Benefits as of December 31, 2007 and 2006 and the related Statements of Changes in Net Assets Available for Benefits for the years ended December 31, 2007 and 2006, respectively, are hereby incorporated by reference to the Registration Statements on Form S-8 filed by the PrivateBancorp, Inc. Savings, Retirement and Employee Stock Ownership Plan (File No. 333-132509) with the Securities and Exchange Commission on March 17, 2006, and the PrivateBancorp, Inc. Savings and Retirement Plan (File No. 333-43830) with the Securities and Exchange Commission on August 15, 2000.
 
 
 

 

PRIVATEBANCORP, INC.
 
SAVINGS, RETIREMENT AND EMPLOYEE STOCK OWNERSHIP PLAN
 
FINANCIAL STATEMENTS
 
 DECEMBER 31, 2007 AND 2006
 

 

Table of Contents
Page
Report of Independent Registered Public Accounting Firm
1
Statements of Net Assets Available for Benefits, December 31, 2007 and 2006
2
Statements of Changes in Net Assets Available for Benefits, Years Ended December 31, 2007 and 2006
3
Notes to Financial Statements
4
Supplemental Schedules
11
Schedule H, Line 4i – Schedule of Assets Held at End of Year, December 31, 2007
12
Schedule H, Line 4a – Schedule of Reportable Transactions at December 31, 2007
13

 
- i -
 

 
 

 


 

 
REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
 



To the Audit Committee Chairman

PRIVATEBANCORP, INC. SAVINGS, RETIREMENT AND EMPLOYEE STOCK OWNERSHIP PLAN

We have audited the accompanying statements of net assets available for benefits of the PrivateBancorp, Inc. Savings, Retirement and Employee Stock Ownership Plan (the “Plan”) as of December 31, 2007 and 2006, and the related statements of changes in net assets available for benefits for the years then ended. These financial statements are the responsibility of the Plan's management.  Our responsibility is to express an opinion on these financial statements based on our audits.

We conducted our audits in accordance with the standards of the Public Company Accounting Oversight Board (United States).  Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement.  An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements.  An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation.  We believe that our audits provide a reasonable basis for our opinion.

In our opinion, the financial statements referred to above present fairly, in all material respects, the net assets available for benefits of the Plan as of December 31, 2007 and 2006, and the changes in its net assets available for benefits for the years then ended in conformity with U.S. generally accepted accounting principles.

Our audits were conducted for the purpose of forming an opinion on the basic financial statements taken as a whole.  The accompanying supplemental schedules are presented for the purpose of additional analysis and are not a required part of the basic financial statements, but are required by the Department of Labor's Rules and Regulations for Reporting and Disclosure under the Employee Retirement Income Security Act of 1974. These supplemental schedules are the responsibility of the Plan’s management.  The supplemental schedules have been subjected to the auditing procedures applied in the audits of the basic financial statements and, in our opinion, are fairly stated in all material respects in relation to the basic financial statements taken as a whole.


/s/Mayer Hoffman McCann P.C.
 
Chicago, Illinois
 
June 17, 2008

 
 

 
PRIVATEBANCORP, INC. SAVINGS, RETIREMENT AND
EMPLOYEE STOCK OWNERSHIP PLAN

STATEMENTS OF NET ASSETS AVAILABLE FOR BENEFITS

December 31, 2007 and 2006



             
   
 2007
   
2006
 
 
ASSETS
           
Investments, at fair value:
           
       Principal Life Insurance Company pooled-
           
         separate accounts
  $ 12,056,936     $ 9,819,493  
       American Funds registered investment
               
          companies
    3,042,265       2,337,219  
       Dodge & Cox registered investment company
    3,217,319       1,739,395  
       Dreyfus registered investment company
    627,282       -  
       ING registered investment company
    52,108       -  
       Pioneer investment company
    148,248       -  
       PrivateBancorp, Inc. common stock
    9,317,993       10,679,983  
       Common/collective trust
    -       542,455  
  Guaranteed interest account, Principal Life
       Insurance Company
    58,038       -  
   Participant loan fund
    434,223       375,046  
                 
      28,954,412       25,493,591  
   Receivables:
               
       Participants’ contributions
    -       875  
                 
Net assets reflecting all investments at fair value
    28,954,412       25,494,466  
                 
Adjustments from fair value to contract value
               
   for fully benefit-responsive investment contracts
    -       8,610  
                 
NET ASSETS AVAILABLE FOR BENEFITS
  $ 28,954,412     $ 25,503,076  
                 




See Notes to Financial Statements

 
 
 

 
PRIVATEBANCORP, INC. SAVINGS, RETIREMENT AND
EMPLOYEE STOCK OWNERSHIP PLAN

STATEMENTS OF CHANGES IN NET ASSETS AVAILABLE FOR BENEFITS

Years Ended December 31, 2007 and 2006



   
 2007
   
 2006
 
ADDITIONS
           
     Contributions from employer
  $ 886,850     $ 667,494  
     Contributions from participants
    3,069,422       2,334,359  
     Rollovers
    1,163,791       1,048,521  
     Interest income
    36,163       20,817  
     Dividend income
    81,761       60,938  
     Net realized and unrealized gains (losses) of
               
        PrivateBancorp, Inc. stock
    (2,220,239 )     1,456,426  
     Net realized and unrealized gains in fair
               
        value of common/collective trust
    6,257       17,507  
     Net realized and unrealized gains in fair
               
        value of registered investment
               
        companies
    150,471       379,543  
     Net realized and unrealized gains in fair
               
       value of pooled-separate accounts
    532,049       1,075,968  
     Miscellaneous income
    362       -  
     Transfer of assets from plan merger
    1,127,507       3,286,231  
                 
        TOTAL ADDITIONS
    4,834,394       10,347,804  
                 
DEDUCTIONS
               
     Withdrawals by participants
    (1,314,414 )     (887,871 )
     Administrative expenses
    (68,644 )     (53,409 )
        TOTAL DEDUCTIONS
    (1,383,058 )     (941,280 )
                 
        NET INCREASE
    3,451,336       9,406,524  
                 
NET ASSETS AVAILABLE FOR BENEFITS
               
        Beginning of year
    25,503,076       16,096,552  
                 
        End of year
  $ 28,954,412     $ 25,503,076  



See Notes to Financial Statements

 
 
 

 
PRIVATEBANCORP, INC. SAVINGS, RETIREMENT AND
EMPLOYEE STOCK OWNERSHIP PLAN

NOTES TO FINANCIAL STATEMENTS


(1)           Description of plan

The following description of the PrivateBancorp, Inc. Savings, Retirement and Employee Stock Ownership Plan (the “Plan”) provides only general information.  Participants should refer to the Plan agreement for a more complete description of the Plan’s provisions.

General - The Plan is a defined contribution plan covering employees of The PrivateBank and Trust Company and its subsidiaries (Lodestar Investment Counsel, LLC and The PrivateBank Securities, LLC), The PrivateBank - St. Louis, The PrivateBank Mortgage Company, LLC, The PrivateBank – Michigan and its subsidiary (The PrivateBank Michigan Mortgage Company), The PrivateBank National Association (in Wisconsin) and The PrivateBank - Georgia.  The PrivateBank and Trust Company, The PrivateBank - St. Louis, The PrivateBank Mortgage Company, LLC, The PrivateBank - Michigan, The PrivateBank National Association (in Wisconsin) and The PrivateBank - Georgia are subsidiaries of PrivateBancorp, Inc. (the “Company”).  The PrivateBank and Trust Company, The PrivateBank - St. Louis, The PrivateBank Mortgage Company, LLC, The PrivateBank -Michigan, The PrivateBank National Association (in Wisconsin) and The PrivateBank -Georgia are individually and collectively referred to as the “Subsidiary” and the “Subsidiaries.”  The Plan is subject to the provisions of the Employee Retirement Income Security Act of 1974 (“ERISA”).

Effective January 1, 2006, the Company amended and restated the Plan to reflect the addition of an employee stock ownership investment option (“ESOP”).  There are features which became available to participants due to the ESOP.  These include pass-through voting, the right to request the ESOP Company stock balance be distributed in the form of Company stock, and dividends on participants’ allocated shares of Company stock under the Plan being allowed to be paid directly to them outside the Plan or reinvested in more shares through the Plan.  As part of this amendment, effective January 1, 2007, a Roth deferral option was instituted wherein participants were given the option to defer amounts on an after-tax basis to the Plan.

During 2007, the Plan withdrew from the Principal Stable Value Fund and four additional mutual funds were added to the Plan investment options.  Principal’s Guaranteed Insurance Contract (GIC) continued to be offered as an investment to only those employees from the Piedmont Bank of Georgia 401(k) Plan who had funds in the investment at the time the Piedmont Plan merged into the Plan in mid-2007.

Contributions - Participants may contribute up to the maximum percentage of compensation, as defined in the Plan document and dollar amounts permissible by the Internal Revenue Code (“IRC”).  Subsidiary-paid cash bonuses are included in the definition of compensation.  Participants may also transfer amounts representing distributions from other qualified defined benefit or contribution plans.  Subsidiary matching contributions are discretionary and based on a percentage of employee contributions. The Subsidiaries may make qualified matching contributions, corrective nonelective contributions and an additional discretionary contribution, all based on formulas determined by the Company. Participants who are at least 18 years old are eligible for the employer contributions after one year of employment.

 
 

 
PRIVATEBANCORP, INC. SAVINGS, RETIREMENT AND
EMPLOYEE STOCK OWNERSHIP PLAN

NOTES TO FINANCIAL STATEMENTS


(1)           Description of plan (continued)

Participant accounts - Each participant’s account is credited with the participant’s contribution and allocations of (a) the Subsidiary’s contribution and (b) investment earnings and losses and is charged with participant withdrawals or distributions and administrative fees and expenses.  Allocations are based on employee contributions, eligible compensation or account balances, as defined.  The benefit to which a participant is entitled is the benefit that can be provided from the participant’s vested account.

Vesting - Participants are immediately vested in their contributions and the Subsidiary’s qualified matching contributions and corrective nonelective contributions plus actual earnings thereon.  Vesting in the Subsidiaries’ matching and discretionary contribution portion of their accounts plus actual earnings thereon is based on years of continuous service.  A participant is 100% vested after five years of credited service.

Investment options - Currently, participants are able to direct employee contributions into pooled-separate accounts (“PSAs”) (maintained by an insurance carrier), mutual funds and PrivateBancorp, Inc. common stock.  Prior to the adoption of the Principal Financial Group Prototype Plan, the participants were able to direct employee contributions into PSAs, which had underlying investments of mutual funds, and PrivateBancorp, Inc. common stock.  Participants are able to transfer funds among all investment options.

Participant loans - Participants may borrow from their own contributions a minimum of $1,000 up to a maximum equal to the lesser of $50,000 or 50% of their vested account balance.  Loan repayment terms are determined by the Subsidiaries.  The loans are secured by the balance in the participant’s account and bear interest at the prime rate (7.25% and 8.25% as of December 31, 2007 and 2006, respectively) in effect on the loan acquisition date plus 100 basis points.  Interest rates ranged from 5.0% to 9.25% on all participant loans outstanding as of December 31, 2007.  Principal and interest are paid ratably through payroll deductions.

Payment of benefits - Participants are eligible to receive the vested portion of their plan account upon retirement, termination of employment, disability or death.  Payment will generally be made in a lump sum.  Hardship withdrawals are also available to participants who demonstrate financial need in certain circumstances, as defined.

Forfeited accounts - As of December 31, 2007 and 2006, forfeited nonvested accounts totaled $57,948 and $51,775, respectively.  These accounts are used to reduce future employer contributions.  During the plan years ended December 31, 2007 and 2006, forfeitures in the amount of $17,458 and $0, respectively, were used to reduce employer contributions.

 
 

 
PRIVATEBANCORP, INC. SAVINGS, RETIREMENT AND
EMPLOYEE STOCK OWNERSHIP PLAN

NOTES TO FINANCIAL STATEMENTS


(2)           Summary of significant accounting policies

Basis of accounting - The accompanying financial statements are prepared on the accrual basis of accounting.

Estimates - The preparation of financial statements in conformity with U.S. generally accepted accounting principles requires the plan administrator to make estimates and assumptions that affect certain reported amounts and disclosures.  Accordingly, actual results may differ from those estimates.

Valuation of investments - The Plan is invested in PSAs, PrivateBancorp, Inc. common stock and mutual funds, which are stated at fair value.  The PSAs are valued based on the underlying investments (mutual funds).  Shares of mutual funds are valued at quoted market prices which represent the net asset value of shares held by the Plan.  Values for PrivateBancorp, Inc. common stock are based on the December 31, 2007 and 2006, closing prices.

New accounting pronouncements - In 2005, effective for financial statements for annual periods ending after December 15, 2006, the Financial Accounting Standards Board issued FASB Staff Position (FSP) Nos. AAG INV-1 and SOP 94-4-1, Reporting of Fully Benefit-Responsive Investment Contracts Held by Certain Investment Companies Subject to the AICPA Investment Company Guide and Defined Contribution and Health and Welfare and Pension Plans.

This new pronouncement states investment contracts held by defined contribution plans are required to be reported at fair value, except fully benefit-responsive investment contracts are reflected at contract value, since it represents the amount at which participants can execute transactions in the Plan.  In order to reflect fully benefit- responsive contracts at contract value, an adjustment from net assets at fair value to contract value is reflected in the 2006 statement of changes in net assets available for benefits.  The contracts impacted by this FSP were sold during the year ended December 31, 2007.

Investment valuation and income recognition - Security transactions are accounted for on the date securities are purchased or sold (trade date).  Dividend income is recorded on the ex-dividend date. Interest income is recognized when earned.  Net realized and unrealized gains and losses are recorded in the accompanying financial statements as net realized and unrealized gains (losses) in fair value of investments.  Contributions are recognized based on payroll dates and accrued if applicable.

Concentration of credit risk - The Plan provides for various investment fund options.  Investment securities are exposed to various risks such as interest rate, market, and credit risks.  Due to the level of risk associated with certain investment securities, it is at least reasonably possible that changes in risks in the near term would materially affect participants’ account balances and the amounts reported in the statements of net assets available for benefits and the statements of changes in net assets available for benefits.

 
 

 
PRIVATEBANCORP, INC. SAVINGS, RETIREMENT AND
EMPLOYEE STOCK OWNERSHIP PLAN

NOTES TO FINANCIAL STATEMENTS


(2)           Summary of significant accounting policies (continued)

Payment of benefits - Benefits are recorded when paid.

Administrative expenses - Substantially all of the administrative expenses of the Plan are paid by the Plan sponsor.  The expenses that are paid by the Plan sponsor are not included in the statements of changes in net assets available for benefits.

(3)           Investments

The following table presents the investments that represent 5% or more of the Plan’s net assets as of December 31, 2007 and 2006.  The table also presents the fair market value of the underlying assets of the PSAs.

   
 2007
   
 2006
 
             
Pooled-separate accounts Contract #6-11219:
       
     Principal Money Market Sep Acct
  $ 1,269,169     $ -  
     Principal Bond and Mtg.
    647,432       569,006  
     Principal Govt & HQ Bond
    676,664       498,311  
     Principal Lg Cp Stk Idx
    1,618,910       1,585,066  
     Principal LifeTm Str Inc
    167,756       117,358  
     Principal LifeTm 2010
    222,160       128,888  
     Principal LifeTm 2020
    757,690       255,796  
     Principal LifeTm 2030
    385,371       173,202  
     Principal LifeTm 2040
    454,490       148,735  
     Principal LifeTm 2050
    249,845       165,955  
     Principal Ptr Lg-Cap Value
    59       692,635  
     Principal Real Estate Secs
    252,318       329,124  
     Principal Ptr Md-Cap Value
    959,536       1,037,850  
     Principal Mid-Cap Stk Idx
    629,479       441,220  
     Principal Ptr Md-Cap Growth
    -       550,036  
     Principal Ptr Sm-Cap Gr II
    260,098       178,233  
     Principal Ptr Sm-Cap Val I
    571,743       774,221  
     Principal Sm-Cap Stk Idx
    500,654       443,400  
     Principal Ptr International
    2,433,562       1,730,457  
            Total pooled-separate accounts
    12,056,936       9,819,493  
                 
American Funds Growth Fund of America R3
    -       1,548,871  
American Funds Growth Fund of America R4
    2,079,960       -  
Dodge & Cox stock fund
    3,217,319       1,739,395  
PrivateBancorp, Inc. common stock
    9,317,993       10,679,983  


 
 

 
PRIVATEBANCORP, INC. SAVINGS, RETIREMENT AND
EMPLOYEE STOCK OWNERSHIP PLAN

NOTES TO FINANCIAL STATEMENTS


(3)           Investments (continued)

The Plan’s investments (including gains and losses on investments bought and sold, as well as held during the year) appreciated (depreciated) in value for the years ended December 31, 2007 and 2006, as follows:

   
 2007
   
 2006 
 
Mutual funds
  $ 150,471     $ 379,543  
Common/collective trust
    6,257       17,507  
Pooled-separate accounts
    532,049       1,075,968  
Common stock
    (2,220,239 )     1,456,426  
                 
    $ (1,531,462 )           $ 2,929,444   
Interest and dividends realized on the Plan’s investments for the years ended December 31, 2007 and 2006, were $117,924 and $81,755, respectively.

(4)           Plan merger

The PrivateBank - Michigan is a subsidiary of the Company and is the sponsor of the Bloomfield Hills Bancorp, Inc. 401(k) Profit Sharing Plan (the “Michigan Plan”). On May 31, 2006, the Michigan Plan’s net assets were merged into the Plan. On June 5, 2006, the assets of the Michigan Plan were transferred into the Plan’s trust.  On the date of the transfer, the net assets of the Michigan Plan were valued at $3,286,231.

 
The PrivateBank - Georgia is a subsidiary of the Company and is the sponsor of the Piedmont Bank of Georgia 401(k) Plan (the “Georgia Plan”).  On June 12, 2007, the assets of the Georgia Plan were transferred to the Plan’s trust.  On the date of the transfer, the net assets of the Georgia Plan were valued at $1,127,507.

(5)
Reconciliation of financial statements to Schedule H of Form 5500

The following is a reconciliation of net assets available for benefits per the financial statements for the years ended December 31, 2007 and 2006, to Form 5500:

   
December 31,
 
   
2007
   
2006
 
Net assets available for benefits per
           
  the financial statements
  $ 28,954,412     $ 25,503,076  
Less fair market value adjustment for
               
  guaranteed interest account
    (358 )     -  
Less adjustment for fully
               
  benefit-responsive investment contract
    -        (8,610 )
                 
Net assets available for benefits per
               
  Schedule H of the Form 5500
  $ 28,954,054     $ 25,494,466  


 
 

 
PRIVATEBANCORP, INC. SAVINGS, RETIREMENT AND
EMPLOYEE STOCK OWNERSHIP PLAN

NOTES TO FINANCIAL STATEMENTS


(5)
Reconciliation of financial statements to Schedule H of Form 5500 (continued)

The following is a reconciliation of net investment gain from common collective trusts per the financial statements for the years ended December 31, 2007 and 2006, to Form 5500:
   
December 31,
 
   
2007
   
2006
 
Net investment gain from common
           
  collective trusts per the financial
           
  statements
  $ 6,257     $ 17,507  
Adjustment for fully
               
  benefit-responsive investment contract
    8,610       (8,610 )
                 
Net investment gain from common
               
  collective trusts per Schedule H
               
  of the Form 5500
  $ 14,867     $ 8,897  

(6)           Tax status

The Internal Revenue Service (“IRS”) issued a favorable opinion letter dated July 22, 2003, for the Principal Financial Group Prototype Basic Savings Plan No. 2, which was adopted by the Plan sponsor effective July 1, 2004.  The IRS letter states that the prototype plan is acceptable under the applicable requirements of the IRC.  Although the Plan has been amended since receiving its favorable opinion letter on July 22, 2003, the Plan administrator and the Plan’s tax counsel believe that the Plan is designed and is currently being operated in compliance with the applicable requirements of the IRC.

On January 22, 2007, PrivateBancorp, Inc. applied for a determination letter from the IRS regarding the initial qualification of the amended and restated Plan.  The Plan administrator and the Plan’s tax counsel believe that the Plan is designed and is currently being operated in compliance with the applicable requirements of the IRC.

(7)           Plan termination

Although it has not expressed any intent to do so, the Company has the right under the Plan to discontinue its contributions at any time and to terminate the Plan subject to the provisions of ERISA.  In the event of Plan termination, participants will become 100% vested in their employer contributions.

(8)       Risks and uncertainties

The Plan invests in various investment securities.  Investment securities are exposed to various risks such as interest rate, market, and credit risks.  Due to the level of risk associated with certain investment securities, it is at least reasonably possible that changes in the values of investment securities will occur in the near term and that such changes could materially affect participants’ account balances and the amounts reported in the statements of net assets available for benefits.


 
 

 
PRIVATEBANCORP, INC. SAVINGS, RETIREMENT AND
EMPLOYEE STOCK OWNERSHIP PLAN

NOTES TO FINANCIAL STATEMENTS


(9)           Prohibited transactions

Defined contribution plans are required to remit employee contributions to the Plan as soon as they can be reasonably segregated from the employer’s general assets, but no later than the 15th business day of the month following the month in which the participant contributions are withheld by the employer.

For the Plan year ended December 31, 2007, the Company did not remit certain employee contributions timely to the Plan in the amount of $28,834. The Company calculated and remitted lost earnings to the Plan participants during the 2007 Plan year.

For the Plan year ended December 31, 2006, contributions of $875 were not remitted within the required time period.  These amounts were properly recorded as a contribution receivable of the Plan and were remitted during the 2007 Plan year.



 
 

 

SUPPLEMENTAL SCHEDULES



 
 

 
PRIVATEBANCORP, INC. SAVINGS, RETIREMENT AND
EMPLOYEE STOCK OWNERSHIP PLAN

SCHEDULE H, LINE 4i – SCHEDULE OF ASSETS (HELD AT END OF YEAR)

December 31, 2007


EIN: 36-3681151
Plan Number: 001

(a)
 
(b)
(c)
 
(d)
   
(e)
 
   
 
Identity of issue, borrower, lessor or similar party
Description of investments including maturity date, rate of interest, collateral, par or maturity value
 
 
 
Cost
   
 
 
Current value
 
  *  
 
Principal Life Insurance Company
 
Investment contract, pooled-separate accounts, contract #6-11219 (underlying investments are mutual funds)
 
    (1 )   $ 12,056,936  
  *  
PrivateBancorp, Inc.
Common stock
    (1 )     9,317,993  
     
American Funds Growth Fund of America R4
 
Registered investment company
    (1 )     2,079,960  
     
American Funds American Balanced Fund R4
 
Registered investment company
    (1 )     962,305  
     
Dodge & Cox
   Stock Fund
Registered investment
   company
    (1 )     3,217,319  
     
Dreyfus Funds
Registered investment
   company
    (1 )     627,282  
     
ING
Registered investment
   company
    (1 )     52,108  
     
Pioneer
Registered investment
   company
    (1 )     148,248  
                         
  *  
Guaranteed interest account, Principal Life Insurance Company
Insurance company general
   fund account
    (1 )     58,038  
                         
  *  
Participant loan fund
Interest at rates from 5.00% to 9.25%
    -       434,223  
                    $ 28,954,412  
                         
  *       Party-in-interest as defined by ERISA
(1)   Cost information may be omitted as the investments are participant-directed.

 
 

 


 
 
 
PRIVATEBANCORP, INC. SAVINGS, RETIREMENT AND
EMPLOYEE STOCK OWNERSHIP PLAN

SCHEDULE H, LINE 4a – SCHEDULE OF REPORTABLE TRANSACTIONS

December 31, 2007

EIN: 36-3681151
Plan Number: 001

Participant Contribution and Loan Payments Transferred
Total that Constituted Non-exempt Prohibited Transactions
Late to the Plan
Contributions Not Corrected
Contributions Corrected
$28,834
-
$28,834


 
 

 

SIGNATURES

The Plan.  Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the trustees (or other persons who administer the Plan) have duly caused this annual report to be signed on its behalf by the undersigned hereunto duly authorized.
Dated:    June 30, 2008
 
PRIVATEBANCORP, INC.
SAVINGS, RETIREMENT AND EMPLOYEE STOCK OWNERSHIP PLAN
 
By: PrivateBancorp, Inc. Savings, Retirement and Employee Stock Ownership Plan Committee
By:     /s/Christopher Hoste
Name: Christopher Hoste
Title:  Committee Member

 
 

 

EXHIBIT INDEX
 
Exhibit No.
Description
23.1
Consent of Mayer Hoffman McCann P.C.


 
 

 

EX-23.1 2 consent.htm CONSENT OF MAYER HOFFMAN MCCANN P.C. consent.htm
 
 

 

CONSENT OF INDEPENDENT registered public accounting firm




To the Board of Directors

PRIVATEBANCORP, INC.

We consent to the incorporation, by reference, in the Registration Statement (Nos. 333-132509 and 333-43830) on Form S-8 of PrivateBancorp, Inc. filed on March 17, 2006, and August 15, 2000, respectively, of our report dated June 17, 2008, relating to the financial statements and schedules of PrivateBancorp, Inc. Savings and Retirement Plan included in the December 31, 2007, Annual Report on Form 11-K of PrivateBancorp, Inc. Savings, Retirement and Employee Stock Ownership Plan.


/s/ MAYER HOFFMAN McCANN P.C.

Chicago, IL 60606
June 17, 2008


 
 

 

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