PoGo assists South Carolina bank on avoiding SEC requirements

Posted on October 28, 2008 12:48 by Andy Peters

As some large banks Lyn Schroederlike BB&T, SunTrust and Fifth Third Bancorp accept funding from the U.S. Treasury Department to weather the credit crisis, smaller banks are taking different steps to bolster their financial position. In one such instance, Powell Goldstein counsel Lyn Schroeder [left] is advising a South Carolina community bank on its plan to take itself private.

First South Bancorp Inc. said in a regulatory filing that it plans to convert some of its publicly traded common stock to preferred stock. The company then plans to terminate its registration with the Securities and Exchange Commission. The moves will allow First South Bancorp to save money by avoiding the reporting requirements of the Securities Exchange Act of 1934. The company estimated it will save about $110,000 per year in management time, legal and accounting fees and other expenses.

The proposal requires the approval of First South Bancorp shareholders. First South Bancorp said it first began discussing a going-private transaction with Powell Goldstein in May, according to its proxy statement. It considered other alternatives, such as a reserve stock split, before decided to pursue the going-private deal.

First South Bancorp operates six locations of First South Bank in the Palmetto State—in the cities of Bluffton, Columbia, Greenville and Spartanburg.


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Janet ConleyThe Deal Watch Blog is devoted to bringing you the latest news in business law in Atlanta, the Southeast and the U.S. The lead writer is Daily Report associate editor Janet L. Conley.

Janet L. Conley is an attorney who returned to journalism after practicing law with Akin, Gump, Strauss, Hauer & Feld in Washington and with the Georgia Legal Services Program in Atlanta.

During her tenure at the Daily Report, Janet, now the paper's associate editor, has covered law firm economics and management, business and federal courts. In 2007, she received the Georgia Associated Press Story of the Year award and the Atlanta Press Club’s Journalist of the Year award, both for small circulation newspapers, for "Green to Gold," a series of articles on how climate change will alter business and the law.

Janet has written for The American Lawyer magazine and the National Law Journal, among other publications. She also served as managing editor of GC South magazine.

Janet holds a journalism degree from Southern College and a juris doctor degree from the University of Pennsylvania. She lives in Decatur with her husband Mark Harper, also an attorney, and their three children.

She can be reached at jconley@alm.com.

Andy PetersThe contributing writer is Daily Report staff reporter Andy Peters.

Andy Peters has been a journalist since graduating from Furman University in 1992. A short list of the subjects he’s covered includes the Georgia state Legislature, the U.S. semiconductor industry, the Alabama-Florida-Georgia “water wars” litigation, the 1999 American Airlines pilots strike, Coca-Cola and PepsiCo’s battle to acquire the Gatorade sports-drink brand, indie rock music and high school football. Andy has written for Bloomberg News, the New York Times Web site, the Macon Telegraph, the Spartanburg (S.C.) Herald-Journal and the Atlanta Business Chronicle.

Andy has written the Deal Watch column for the Daily Report since March 2006. He was born in Chattanooga, Tenn. in 1971 and grew up in Ringgold, Ga. He lives in Decatur with his wife and two children.

He can be reached at apeters@alm.com.

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