Form 8-K

 

 

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) December 9, 2008

 

 

BUCKHEAD COMMUNITY BANCORP, INC.

(Exact Name of Registrant as Specified in its Charter)

 

 

 

Georgia   000-53197   58-2265980

(State or Other Jurisdiction

of Incorporation)

  (Commission File Number)  

(IRS Employer

Identification No.)

 

415 East Paces Ferry Road, Atlanta, Georgia   30305
(Address of Principal Executive Offices)   (Zip Code)

Registrant’s telephone number, including area code (404) 504-2557

 

(Former Name or Former Address, if Changed Since Last Report)

 

 

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 (see General Instruction A.2. below):

 

¨ 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 5.03 Amendments to Articles of Incorporation

On December 9, 2008, Buckhead Community Bancorp, Inc. (the “Company”) filed Articles of Amendment with the Secretary of State of the State of Georgia, effecting an amendment (the “Amendment”) to the Company’s Articles of Incorporation. The Amendment set forth the designation of the rights, privileges, preferences, and limitations of a series of special stock, designated “Series A Preferred Stock.” A copy of the Amendment is included as an exhibit to this Form 8-K and is incorporated by reference into this Item 5.03.

 

Item 9.01 Exhibits

(d) Exhibits

The following exhibits are being filed herewith:

 

No.

 

Description

3.1   Articles of Amendment to the Articles of Incorporation of Buckhead Community Bancorp, Inc.
4.1   Form of Series A Preferred Stock Certificate


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.

 

        BUCKHEAD COMMUNITY BANCORP, INC.

Dated: December 10, 2008

    By:  

/s/ Dawn Kinard

      Dawn Kinard
      Chief Financial Officer


EXHIBIT INDEX

 

No.

 

Description

3.1   Articles of Amendment to the Articles of Incorporation of Buckhead Community Bancorp, Inc.
4.1   Form of Series A Preferred Stock Certificate