|
|
|
|
|
|
| FORM 3 | UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
INITIAL STATEMENT OF BENEFICIAL OWNERSHIP OF SECURITIES
Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(h) of the Investment Company Act of 1940 | | OMB APPROVAL | | OMB Number: | 3235-0104 | | Expires: | February 28, 2011 | | Estimated average burden | | hours per response | 0.5 |
|
|
1. Name and Address of Reporting Person*
(Street)
| 2. Date of Event Requiring Statement (Month/Day/Year)
06/16/2008 | 3. Issuer Name and Ticker or Trading Symbol
CAPITAL BANK CORP
[CBKN]
| 4. Relationship of Reporting Person(s) to Issuer
(Check all applicable) | Director | | 10% Owner | | X | Officer (give title below) | | Other (specify below) | | SVP & Chief Accounting Officer |
| 5. If Amendment, Date of Original Filed (Month/Day/Year)
| 6. Individual or Joint/Group Filing (Check Applicable Line)
| X | Form filed by One Reporting Person | | Form filed by More than One Reporting Person |
|
| Table I - Non-Derivative Securities Beneficially Owned |
|---|
| 1. Title of Security (Instr.
4)
| 2.
Amount of Securities Owned (Instr.
4)
| 3. Ownership Form: Direct (D) or Indirect (I) (Instr.
5)
| 4. Nature of Indirect Beneficial Ownership (Instr.
5)
|
|---|
|
No securities beneficially owned
|
0
|
D
| |
Table II - Derivative Securities Beneficially Owned
(e.g., puts, calls, warrants, options, convertible securities) |
|---|
| 1. Title of Derivative Security (Instr. 4) | 2. Date Exercisable and Expiration Date (Month/Day/Year)
| 3. Title and Amount of Securities Underlying Derivative Security (Instr. 4) | 4. Conversion or Excercise Price of Derivative Security
| 5. Ownership Form: Direct (D) or Indirect (I) (Instr. 5)
| 6. Nature of Indirect Beneficial Ownership (Instr. 5)
|
|---|
| Date Exercisable | Expiration Date | Title | Amount or Number of Shares |
|---|
| Explanation of Responses: |
| Nancy A. Snow, by power of attorney | 06/17/2008 | | ** Signature of Reporting Person | Date | | Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. | | * If the form is filed by more than one reporting person, see Instruction 5(b)(v). | | ** Intentional misstatements or omissions of facts constitute Federal Criminal Violations
See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a).
| | Note: File three copies of this Form, one of which must be manually signed. If space is insufficient,
see Instruction 6 for procedure. | | Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number. |
EX-24.1
Unassociated Document
Exhibit
24.1
POWER
OF ATTORNEY
I, David B. Therit, a resident of
Raleigh, NC, of legal age and legally competent for all purposes, do hereby
grant this Power of Attorney to Nancy A. Snow, Vice President and Corporate
Secretary of Capital Bank Corporation (the “Company”) and Kathy Kornak,
Assistant Secretary of the Company, who are each of legal age and who are each
legally competent for all purposes, and with full power of substitution so that
they, or any of them, may perform any and all acts necessary to achieve the
purposes described herein below. I expressly authorize the said
attorneys-in-fact, or any of them, to execute and deliver to the Securities and
Exchange Commission on my behalf and on behalf of any trust of which I am a
trustee the Initial Statement of Beneficial Ownership of Securities on Form 3,
the Statement of Changes in Beneficial Ownership on Form 4, the Annual Statement
of Changes in Beneficial Ownership on Form 5 and any amendments to said forms
for securities of the Company that I or any trust of which I am a trustee now or
hereafter beneficially own based on the information which I shall provide. The
authority under this Power of Attorney shall continue until the undersigned is
no longer required to file Forms 3, 4, and 5 with regard to the ownership of or
transactions in securities of the Company by the undersigned or any trust of
which the undersigned is a trustee, unless earlier revoked in writing. The
undersigned acknowledges that neither Nancy A. Snow nor Kathy Kornak is assuming
any of the undersigned’s responsibilities to comply with Section 16 of the
Securities Exchange Act of 1934.
IN TESTIMONY WHEREOF, I hereby sign and
seal this Power of Attorney in the City of Raleigh, NC before the undersigned
Notary Public on this the 16th day of June, 2008.
|
[SEAL]
|
/s/ David
B. Therit
|
|
I, Jaime K. Magee, a Notary Public in
and for Wake County, do certify that David B. Therit personally appeared before
me and acknowledged the due execution of the foregoing Power of
Attorney.
WITNESS my hand and notarial seal, this
the 16th day of June, 2008.
|
|
/s/ Jaime
K. Magee
|
|
|
|
Jaime
K. Magee
|
|
|
|
Notary
Public
|
|
My
Commission Expires:
November
9, 2010
|