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EX-3.2 - BYLAWS OF ECB BANCORP, INC. - ECB BANCORP INCd304877dex32.htm

 

 

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): February 15, 2012

 

 

ECB BANCORP, INC.

(Exact name of registrant as specified in its charter)

 

 

 

North Carolina   000-24753   56-2090738

(State or other jurisdiction of

incorporation or organization)

 

(Commission

File Number)

 

(IRS Employer

Identification No.)

Post Office Box 337

Engelhard, North Carolina 27824

(Address of principal executive offices) (Zip Code)

(252) 925-5501

(Registrant’s telephone number, including area code)

Not Applicable

(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:

 

¨ 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 Amendment to Articles of Incorporation or Bylaws; Change in Fiscal Year.

On February 15, 2012, the Board of Directors of ECB Bancorp, Inc. (the “Company”) amended Article III, Section 2 of the Company’s Bylaws to provide that the size of the Company’s Board of Directors shall be fixed from time to time by resolution of the Board of Directors. Previously, Article III, Section 2 of the Company’s Bylaws provided that the Company’s Board of Directors shall consist of not less than nine (9) nor more than fifteen (15) members. A copy of the Company’s Bylaws, as amended, is attached hereto as Exhibit 3.2 and is incorporated herein by reference.

 

Item 9.01 Financial Statements and Exhibits.

 

  (d) Exhibits

 

Exhibit
No.

  

Description

3.2    Bylaws of ECB Bancorp, Inc.


SIGNATURE

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 thereunto duly authorized.

 

      ECB BANCORP, INC.
Date: February 21, 2012     By:  

/s/ A. Dwight Utz

      A. Dwight Utz
      President and Chief Executive Officer