x |
Annual
report underl Section 13 or 15(d) of the Securities Exchange Act
of
1934
For fiscal year ended December
31, 2005
|
o |
Transition
report under Section 13 or 15(d) of the Securities Exchange Act of
1934
For
the transition period from _____________ to
_______________
|
COMMUNITY
CAPITAL BANCSHARES, INC.
|
(Name
of small business issuer in its
charter)
|
Georgia
|
58-2413468
|
|||
(State
or other jurisdiction of
incorporation
or organization)
|
(IRS
Employer Identification No.)
|
|||
2815
Meredyth Drive, Albany, GA
|
31707
|
|||
(Address
of Principal Executive Offices)
|
(Zip
Code)
|
|||
(229)
446-2265
|
||||
(Issuer’s
Telephone Number, Including Area
Code)
|
Page
|
||
PART
I
|
1
|
|
ITEM
1.
|
DESCRIPTION
OF BUSINESS
|
1
|
ITEM
2.
|
DESCRIPTION
OF PROPERTIES
|
14
|
ITEM
3.
|
LEGAL
PROCEEDINGS
|
15
|
ITEM
4.
|
SUBMISSION
OF MATTERS TO A VOTE OF SECURITY HOLDERS
|
15
|
PART
II
|
15
|
|
ITEM
5.
|
MARKET
FOR REGISTRANT’S COMMON EQUITY AND RELATED STOCKHOLDER
MATTERS
|
15
|
ITEM
6.
|
MANAGEMENT’S
DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF
OPERATIONS
|
15
|
ITEM
7.
|
FINANCIAL
STATEMENTS
|
16
|
ITEM
8.
|
CHANGES
IN AND DISAGREEMENTS WITH ACCOUNTANTS ON ACCOUNTING AND FINANCIAL
DISCLOSURE
|
16
|
ITEM
8A.
|
CONTROLS
AND PROCEDURES
|
16
|
ITEM
8B.
|
OTHER
INFORMATION
|
17
|
PART
III
|
17
|
|
ITEM
9.
|
DIRECTORS,
EXECUTIVE OFFICERS, PROMOTERS AND CONTROL PERSONS; COMPLIANCE WITH
SECTION
16(a) OF THE EXCHANGE ACT
|
17
|
ITEM
10.
|
EXECUTIVE
COMPENSATION
|
17
|
ITEM
11.
|
SECURITY
OWNERSHIP OF CERTAIN BENEFICIAL OWNERS AND MANAGEMENT
|
17
|
ITEM
12.
|
CERTAIN
RELATIONSHIPS AND RELATED TRANSACTIONS
|
19
|
ITEM
13.
|
EXHIBITS
|
20
|
ITEM
14.
|
PRINCIPAL
ACCOUNTANT FEES AND SERVICES
|
22
|
·
|
Commercial
Real Estate.
Commercial real estate loan terms generally are limited to five years
or
less, although payments may be structured on a longer amortization
basis.
Interest rates may be fixed or adjustable, but generally are not
fixed for
a period exceeding 60 months. The Banks normally charge an origination
fee
on these loans. We attempt to reduce credit risk on our commercial
real
estate loans by emphasizing loans on owner-occupied office and retail
buildings where the ratio of the loan principal to the value of the
collateral as established by independent appraisal does not exceed
80% and
net projected cash flow available for debt service equals 120% of
the debt
service requirement. In addition, from time to time the Banks require
personal guarantees from the principal owners of the property supported
by
a review of the principal owners’ personal financial statements. Risks
associated with commercial real estate loans include fluctuations
in the
value of real estate, new job creation trends, tenant vacancy rates
and
the quality of the borrower’s management. Community Capital attempts to
limit its risk by analyzing borrowers’ cash flow and collateral value on
an ongoing basis.
|
·
|
Construction
and Development Loans.
Construction and development loans are made both on a pre-sold and
speculative basis. If the borrower has entered into an agreement
to sell
the property prior to beginning construction, then the loan is considered
to be on a pre-sold basis. If the borrower has not entered into an
agreement to sell the property prior to beginning construction, then
the
loan is considered to be on a speculative basis. Construction and
development loans are generally made with a term of nine months and
interest is paid quarterly. The ratio of the loan principal to the
value
of the collateral as established by independent appraisal generally
does
not exceed 80%. Speculative loans are based on the borrower’s financial
strength and cash flow position. Loan proceeds are disbursed based
on the
percentage of completion and only after the project has been inspected
by
an experienced construction lender or appraiser. Risks associated
with
construction loans include fluctuations in the value of real estate
and
new job creation trends.
|
·
|
Residential
Real Estate.
The Banks’ residential real estate loans consist of residential first and
second mortgage loans and residential construction loans. We offer
fixed
and variable rates on our mortgages with the amortization of first
mortgages generally not to exceed 15 years and the rates not to be
fixed
for over 60 months. These loans are made consistent with the Banks’
appraisal policies and with the ratio of the loan principal to the
value
of collateral as established by independent appraisal not to exceed
90%.
We believe these loan-to-value ratios are sufficient to compensate
for
fluctuations in real estate market value and to minimize losses that
could
result from a downturn in the residential real estate market.
|
·
|
acquiring
direct or indirect ownership or control of any voting shares of any
bank
if, after the acquisition, the bank holding company will directly
or
indirectly own or control more than 5% of the bank’s voting
shares;
|
·
|
acquiring
all or substantially all of the assets of any bank;
or
|
·
|
merging
or consolidating with any other bank holding
company.
|
·
|
the
bank holding company has registered securities under Section 12 of
the Securities Exchange Act of 1934;
or
|
·
|
no
other person owns a greater percentage of that class of voting securities
immediately after the transaction.
|
·
|
banking
or managing or controlling banks;
and
|
·
|
any
activity that the Federal Reserve determines to be so closely related
to
banking as to be a proper incident to the business of
banking.
|
·
|
factoring
accounts receivable;
|
·
|
making,
acquiring, brokering or servicing loans and usual related
activities;
|
·
|
leasing
personal or real property;
|
·
|
operating
a non-bank depository institution, such as a savings
association;
|
·
|
trust
company functions;
|
·
|
financial
and investment advisory activities;
|
·
|
conducting
discount securities brokerage
activities;
|
·
|
underwriting
and dealing in government obligations and money market
instruments;
|
·
|
providing
specified management consulting and counseling
activities;
|
·
|
performing
selected data processing services and support
services;
|
·
|
acting
as agent or broker in selling credit life insurance and other types
of
insurance in connection with credit transactions;
and
|
·
|
performing
selected insurance underwriting
activities.
|
· |
lending,
trust and other banking activities;
|
·
|
insuring,
guaranteeing, or indemnifying against loss or harm, or providing
and
issuing annuities, and acting as principal, agent, or broker for
these
purposes, in any state;
|
·
|
providing
financial, investment, or advisory
services;
|
·
|
issuing
or selling instruments representing interests in pools of assets
permissible for a bank to hold
directly;
|
·
|
underwriting,
dealing in or making a market in
securities;
|
·
|
other
activities that the Federal Reserve may determine to be so closely
related
to banking or managing or controlling banks as to be a proper incident
to
managing or controlling banks;
|
·
|
foreign
activities permitted outside of the United States if the Federal
Reserve
has determined them to be usual in connection with banking operations
abroad;
|
·
|
merchant
banking through securities or insurance affiliates;
and
|
·
|
insurance
company portfolio investments.
|
·
|
Federal
Truth-In-Lending Act, governing disclosures of credit terms to consumer
borrowers;
|
·
|
Home
Mortgage Disclosure Act of 1975, requiring financial institutions
to
provide information to enable the public and public officials to
determine
whether a financial institution is fulfilling its obligation to help
meet
the housing needs of the community it serves;
|
·
|
Equal
Credit Opportunity Act, prohibiting discrimination on the basis of
race,
creed or other prohibited factors in extending
credit;
|
·
|
Fair
Credit Reporting Act of 1978, as amended by the Fair and Accurate
Credit
Transactions Act, governing the use and provision of information
to credit
reporting agencies, certain identity theft protections, and certain
credit
and other disclosures;
|
·
|
Fair
Debt Collection Act, governing the manner in which consumer debts
may be
collected by collection agencies; and
|
·
|
the
rules and regulations of the various federal agencies charged with
the
responsibility of implementing these federal
laws.
|
·
|
the
Right to Financial Privacy Act, which imposes a duty to maintain
confidentiality of consumer financial records and prescribes procedures
for complying with administrative subpoenas of financial records;
and
|
·
|
the
Electronic Funds Transfer Act and Regulation E issued by the Federal
Reserve to implement that act, which govern automatic deposits to
and
withdrawals from deposit accounts and customers’ rights and liabilities
arising from the use of automated teller machines and other electronic
banking services.
|
·
|
a
bank’s loans or extensions of credit to
affiliates;
|
·
|
a
bank’s investment in affiliates;
|
·
|
assets
a bank may purchase from affiliates, except for real and personal
property
exempted by the Federal Reserve;
|
·
|
loans
or extensions of credit to third parties collateralized by the securities
or obligations of affiliates; and
|
·
|
a
bank’s guarantee, acceptance or letter of credit issued on behalf of an
affiliate.
|
·
|
raising
the coverage level for retirement accounts to
$250,000;
|
·
|
indexing
deposit insurance coverage levels for inflation beginning in
2012;
|
·
|
prohibiting
undercapitalized financial institutions from accepting employee benefit
plan deposits;
|
·
|
merging
the Bank Insurance Fund and Savings Association Insurance Fund into
a new
Deposit Insurance Fund (the DIF);
and
|
·
|
providing
credits to financial institutions that capitalized the FDIC prior
to 1996
to offset future assessment
premiums.
|
Lee
County Branch Office
|
Downtown
Albany Branch
|
1533-B
Highway 19 S
|
241
Pine Avenue
|
Leesburg,
GA 31763
|
Albany,
GA, 31701
|
5-year
operating lease
|
30-year
capital lease
|
1,500
square feet
|
2,500
square feet
|
ITEM 6. |
MANAGEMENT’S
DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND RESULTS OF
OPERATIONS
|
§
|
Report
of Independent Registered Public Accounting
Firm
|
§
|
Consolidated
balance sheets as of December 31, 2005 and 2004
|
§
|
Consolidated
statements of income for the years ended December 31, 2005 and 2004
|
§
|
Consolidated
statements of comprehensive income for the years ended December 31,
2005
and 2004
|
§
|
Consolidated
statements of stockholders’ equity for the years ended December 31, 2005
and 2004
|
§
|
Consolidated
statements of cash flows for the years ended December 31, 2005 and
2004
|
§
|
Notes
to consolidated financial
statements
|
ITEM 8. |
CHANGES
IN AND DISAGREEMENTS WITH ACCOUNTANTS ON ACCOUNTING AND FINANCIAL
DISCLOSURE
|
ITEM 8A. |
CONTROLS
AND PROCEDURES
|
ITEM 8B. |
OTHER
INFORMATION
|
ITEM 9. |
DIRECTORS,
EXECUTIVE OFFICERS, PROMOTERS AND CONTROL PERSONS; COMPLIANCE WITH
SECTION
16(a) OF THE EXCHANGE ACT
|
ITEM 10. |
EXECUTIVE
COMPENSATION
|
ITEM 11. |
SECURITY
OWNERSHIP OF CERTAIN BENEFICIAL OWNERS AND
MANAGEMENT
|
· |
Community
Capital Bancshares, Inc. 1998 Stock Incentive
Plan
|
· |
Community
Capital Bancshares, Inc. 2000 Outside Directors’ Stock Option
Plan
|
· |
Community
Capital Bancshares, Inc. Non-qualified Stock Option Agreement with
Charles M. Jones, III
|
· |
Community
Capital Bancshares, Inc. Restated Employee Stock Purchase
Plan
|
· |
Community
Capital Bancshares, Inc. Non-qualified Stock option agreements with
David
Baranko, David Guillebeau, Paul Joiner, Rosa Ramsey, and LaDonna
Urick.
|
Number
of securities
to
be issued upon
exercise
of outstanding options and warrants
|
Weighted-average
exercise
price of
outstanding
options
and
warrants
|
Number
of securities remaining available for
future
issuance under
the
equity
compensation
plans
(excluding
shares
subject
to outstanding
options)
|
||||||||
Equity
compensation plans approved by security holders
|
301,261
|
10.09
|
0
|
|||||||
Equity
compensation plans not approved by security holders
|
279,570
|
7.97
|
8,785
|
|||||||
Total
|
580,831
|
9.07
|
8,785
|
ITEM 12. |
CERTAIN
RELATIONSHIPS AND RELATED
TRANSACTIONS
|
ITEM 13. |
EXHIBITS
|
Exhibit
|
|
Number
|
Exhibit
|
3.1
|
Articles
of Incorporation. (Incorporated herein by reference to exhibit of
same
number in Community Capital’s Registration Statement on Form SB-2,
Registration No. 333-68307, filed December 3, 1998.)
|
3.2
|
Bylaws.
(Incorporated herein by reference to exhibit of same number in Community
Capital’s Registration Statement on Form SB-2, Registration No. 333-68307,
filed December 3, 1998.)
|
4.1
|
Instruments
Defining the Rights of Security Holders. See Articles of Incorporation
at
Exhibit 3.1 hereto and Bylaws at Exhibit 3.2 hereto.
|
4.2
|
Amended
and Restated Declaration of Trust. (Incorporated herein by reference
to
exhibit of the same number in Community Capital's Quarterly Report
on Form
10-QSB for the period ended March 31, 2003 (File no. 000-25345),
filed May
15, 2003.)
|
4.3
|
Indenture
Agreement. (Incorporated herein by reference to exhibit of the same
number
in Community Capital's Quarterly Report on Form 10-QSB for the period
ended March 31, 2003 (File no. 000-25345), filed May 15,
2003.)
|
|
|
4.4
|
Guarantee
Agreement. (Incorporated herein by reference to exhibit of the same
number
in Community Capital's Quarterly Report on Form 10-QSB for the period
ended March 31, 2003 (File no. 000-25345), filed May 15,
2003.)
|
10.3*
|
Employment
Agreement dated September 13, 2004, among Albany Bank & Trust, N.A.,
Community Capital Bancshares, Inc. and Robert E. Lee. (Incorporated
by
reference to exhibit of same number in Community Capital's Quarterly
Report on Form 10-QSB for the quarterly period ended September 30,
2004
(File no. 000-25345), filed November 15, 2004.)
|
10.4*
|
Employment
Agreement dated September 13, 2004, among Albany Bank & Trust, N.A.,
Community Capital Bancshares, Inc. and David C. Guillebeau. (Incorporated
by reference to exhibit of same number in Community Capital's Quarterly
Report on Form 10-QSB for the quarterly period ended September 30,
2004
(File no. 000-25345), filed November 15, 2004.)
|
10.5
|
Form
of Community Capital Bancshares, Inc. Organizers’ Warrant Agreement.
(Incorporated herein by reference to exhibit of same number in Commuity
Capital’s Amendment No. 1 to Registration Statement on Form SB-2,
Registration No. 333-68307, filed February 2,
1999.)
|
10.6*
|
Community
Capital Bancshares, Inc. Amended and Restated 1998 Stock Incentive
Plan.
(Incorporated by reference to exhibit of same number in Community
Capital’s Amendment No. 2 to Registration Statement on Form SB-2,
Registration No. 333-68307, filed February 2,
1999.)
|
10.7*
|
Form
of Community Capital Bancshares, Inc. Incentive Stock Option Award.
(Incorporated herein by reference to exhibit of same number in Community
Capital’s Registration Statement on Form SB-2, Registration No. 333-68307,
filed December 3, 1998.)
|
10.8*
|
Community
Capital Bancshares, Inc. 2000 Outside Directors’ Stock Option Plan.
(Incorporated by reference to exhibit of same number in Community
Capital’s Quarterly Report on Form 10-QSB for the quarterly period ended
September 30, 2000 (File no. 000-25345), filed November 14,
2000.)
|
10.9*
|
Community
Capital Bancshares, Inc. Non-Qualified Stock Option Agreement with
Charles
Jones, dated November 15, 1999. (Incorporated by reference to exhibit
of
same number in Community Capital’s Quarterly Report on Form 10-QSB for the
quarterly period ended September 30, 2000 (File no. 000-25345), filed
November 14, 2000.)
|
10.10*
|
Community
Capital Bancshares, Inc. Non-Qualified Stock Option Agreement with
Richard
Bishop, dated April 11, 2000. (Incorporated by reference to exhibit
of
same number in Community Capital’s Quarterly Report on Form 10-QSB for the
quarterly period ended September 30, 2000 (File no. 000-25345), filed
November 14, 2000.)
|
10.11*
|
First
Amendment to the Community Capital Bancshares, Inc. 1998 Stock Incentive
Plan. (Incorporated by referece to exhibit of same number in Community
Capital's Form 10-KSB (File no. 000-25345), filed March 26,
2002.)
|
10.12*
|
First
Amendment to the Community Capital Bancshares, Inc. 2000 Outside
Directors’ Stock Option Plan. (Incorporated by referece to exhibit of same
number in Community Capital's Form 10-KSB (File no. 000-25345), filed
March 26, 2002.)
|
10.13*
|
Community
Capital Bancshares, Inc. Restated Employee Stock Purchase Plan.
(Incorporated by referece to exhibit of same number in Community
Capital's
Form 10-KSB (File no. 000-25345), filed March 26,
2002.)
|
10.14
|
Agreement
and Plan of Merger by and between First Bank of Dothan, Inc. and
Community
Capital Bancshares, Inc., dated as of July 2, 2003. (Incorporated
by
reference to Exhibit 99.1 in Community Capital's Current Report on
Form
8-K (File no. 000-25345), filed July 7, 2003.)
|
10.15*
|
Employment
Agreement dated September 13, 2004, among Albany Bank & Trust, N.A.,
Community Capital Bancshares, Inc. and David J. Baranko. (Incorporated
by
reference to exhibit of same number in Community Capital's Quarterly
Report on Form 10-QSB for the quarterly period ended September 30,
2004
(File no. 000-25345), filed November 15, 2004.)
|
10.16*
|
Employment
Agreement dated September 13, 2004, among Albany Bank & Trust, N.A.,
Community Capital Bancshares, Inc. and Paul E. Joiner, Jr. (Incorporated
by reference to Community Capital's Current Report on Form 8-K (File
no. 000-25345), filed December 7, 2004.)
|
10.17*
|
Salary
Continuation Agreement dated September 13, 2004, among Albany Bank
&
Trust, N.A., Community Capital Bancshares, Inc. and Robert E. Lee.
(Incorporated by reference to Community Capital’s Form 10-KSB (000-25345),
filed March 30, 2005.)
|
10.18*
|
Salary
Continuation Agreement dated September 13, 2004, among Albany Bank
&
Trust, N.A., Community Capital Bancshares, Inc. and Paul E. Joiner,
Jr.
(Incorporated by reference to Community Capital’s Form 10-KSB (000-25345),
filed March 30, 2005.)
|
10.19*
|
Separation Agreement and General Release dated March 30, 2006 among Albany Bank & Trust, N.A., Community Capital Bancshares, Inc. and Robert E. Lee |
10.20*
|
Community Capital Bancshares, Inc. 2006 Employee Stock Purchase Plan |
13.1
|
Community
Capital Bancshares, Inc. 2006 Annual Report to Shareholders. Except
with
respect to those portions specifically incorporated by reference
into this
Report, Community Capital’s 2006 Annual Report to Shareholders is not
deemed to be filed as part of this Report.
|
21.1
|
Subsidiaries
of Community Capital Bancshares, Inc.
|
23.1
|
Consent
of Mauldin & Jenkins, LLC
|
24.1
|
Power
of Attorney (appears on the signature pages to this Annual Report
on
10-KSB).
|
31.1
|
Certification
of the Chief Executive Officer pursuant to Section 302 of the
Sarbanes-Oxley Act of 2002
|
31.2
|
Certification
of the Chief Financial Officer pursuant to Section 302 of the
Sarbanes-Oxley Act of 2002
|
32.1
|
Certification
Pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section
906 of
the Sarbanes-Oxley Act of 2002
|
ITEM 14. |
PRINCIPAL
ACCOUNTANT FEES AND
SERVICES
|
COMMUNITY
CAPITAL BANCSHARES, INC.
By: /s/
Charles M. Jones, III
Charles M. Jones, III
Principal Executive Officer
|
Signature
|
Title
|
Date
|
|
Director
|
|
Robert
M. Beauchamp
|
||
/s/
Keith G. Beckham
|
Director
|
April
10, 2006
|
Keith
G. Beckham
|
||
/s/
Hal E. Cobb
|
Director
|
April
10, 2006
|
Hal
E. Cobb
|
||
|
Director
|
|
Bennett
D. Cotten, Jr.
|
||
/s/
Glenn A. Dowling
|
Director
|
April
10, 2006
|
Glenn
A. Dowling
|
/s/
Mary Helen Dykes
|
Director
|
April
10, 2006
|
Mary
Helen Dykes
|
||
/s/
Charles M. Jones, III
|
Chairman
of the Board
|
April
10, 2006
|
Charles
M. Jones, III
|
and
Chief Executive Officer
|
|
|
Director
|
|
Van
Cise Knowles
|
||
|
Director
|
|
C.
Richard Langley
|
||
/s/
William F. McAfee
|
Director
|
April
10, 2006
|
William
F. McAfee
|
||
/s/ Mark M. Shoemaker |
Director
|
April
10, 2006
|
Mark M. Shoemaker |
||
/s/
Jane Anne D. Sullivan
|
Director
|
April
10, 2006
|
Jane
Anne D. Sullivan
|
||
/s/
John P. Ventulett, Jr.
|
Director
|
April
10, 2006
|
John
P. Ventulett, Jr.
|
||
/s/
Lawrence B. Willson
|
Director
|
April
10, 2006
|
Lawrence
B. Willson
|
||
Director
|
||
James
D. Woods
|
||
/s/
David J. Baranko
|
Chief
Financial Officer
|
April
10, 2006
|
David
J. Baranko
|
(Principal
Financial and
Accounting
Officer)
|
|
|
Exhibit
|
|
Number
|
Exhibit
|
3.1
|
Articles
of Incorporation. (Incorporated herein by reference to exhibit of
same
number in Community Capital’s Registration Statement on Form SB-2,
Registration No. 333-68307, filed December 3, 1998.)
|
3.2
|
Bylaws.
(Incorporated herein by reference to exhibit of same number in Community
Capital’s Registration Statement on Form SB-2, Registration No. 333-68307,
filed December 3, 1998.)
|
4.1
|
Instruments
Defining the Rights of Security Holders. See Articles of Incorporation
at
Exhibit 3.1 hereto and Bylaws at Exhibit 3.2 hereto.
|
4.2
|
Amended
and Restated Declaration of Trust. (Incorporated herein by reference
to
exhibit of the same number in Community Capital's Quarterly Report
on Form
10-QSB for the period ended March 31, 2003 (File no. 000-25345),
filed May
15, 2003.)
|
4.3
|
Indenture
Agreement. (Incorporated herein by reference to exhibit of the same
number
in Community Capital's Quarterly Report on Form 10-QSB for the period
ended March 31, 2003 (File no. 000-25345), filed May 15,
2003.)
|
4.4
|
Guarantee
Agreement. (Incorporated herein by reference to exhibit of the same
number
in Community Capital's Quarterly Report on Form 10-QSB for the period
ended March 31, 2003 (File no. 000-25345), filed May 15,
2003.)
|
10.3*
|
Employment
Agreement dated September 13, 2004, among Albany Bank & Trust, N.A.,
Community Capital Bancshares, Inc. and Robert E. Lee. (Incorporated
by
reference to exhibit of same number in Community Capital's Quarterly
Report on Form 10-QSB for the quarterly period ended September 30,
2004
(File no. 000-25345), filed November 15, 2004.)
|
10.4*
|
Employment
Agreement dated September 13, 2004, among Albany Bank & Trust, N.A.,
Community Capital Bancshares, Inc. and David C. Guillebeau. (Incorporated
by reference to exhibit of same number in Community Capital's Quarterly
Report on Form 10-QSB for the quarterly period ended September 30,
2004
(File no. 000-25345), filed November 15, 2004.)
|
10.5
|
Form
of Community Capital Bancshares, Inc. Organizers’ Warrant Agreement.
(Incorporated herein by reference to exhibit of same number in Commuity
Capital’s Amendment No. 1 to Registration Statement on Form SB-2,
Registration No. 333-68307, filed February 2,
1999.)
|
10.6*
|
Community
Capital Bancshares, Inc. Amended and Restated 1998 Stock Incentive
Plan.
(Incorporated by reference to exhibit of same number in Community
Capital’s Amendment No. 2 to Registration Statement on Form SB-2,
Registration No. 333-68307, filed February 2,
1999.)
|
10.7*
|
Form
of Community Capital Bancshares, Inc. Incentive Stock Option Award.
(Incorporated herein by reference to exhibit of same number in Community
Capital’s Registration Statement on Form SB-2, Registration No. 333-68307,
filed December 3, 1998.)
|
10.8*
|
Community
Capital Bancshares, Inc. 2000 Outside Directors’ Stock Option Plan.
(Incorporated by reference to exhibit of same number in Community
Capital’s Quarterly Report on Form 10-QSB for the quarterly period ended
September 30, 2000 (File no. 000-25345), filed November 14,
2000.)
|
10.9*
|
Community
Capital Bancshares, Inc. Non-Qualified Stock Option Agreement with
Charles
Jones, dated November 15, 1999. (Incorporated by reference to exhibit
of
same number in Community Capital’s Quarterly Report on Form 10-QSB for the
quarterly period ended September 30, 2000 (File no. 000-25345), filed
November 14, 2000.)
|
10.10*
|
Community
Capital Bancshares, Inc. Non-Qualified Stock Option Agreement with
Richard
Bishop, dated April 11, 2000. (Incorporated by reference to exhibit
of
same number in Community Capital’s Quarterly Report on Form 10-QSB for the
quarterly period ended September 30, 2000 (File no. 000-25345), filed
November 14, 2000.)
|
10.11*
|
First
Amendment to the Community Capital Bancshares, Inc. 1998 Stock Incentive
Plan. (Incorporated by referece to exhibit of same number in Community
Capital's Form 10-KSB (File no. 000-25345), filed March 26,
2002.)
|
10.12*
|
First
Amendment to the Community Capital Bancshares, Inc. 2000 Outside
Directors’ Stock Option Plan. (Incorporated by referece to exhibit of same
number in Community Capital's Form 10-KSB (File no. 000-25345), filed
March 26, 2002.)
|
10.13*
|
Community
Capital Bancshares, Inc. Restated Employee Stock Purchase Plan.
(Incorporated by referece to exhibit of same number in Community
Capital's
Form 10-KSB (File no. 000-25345), filed March 26,
2002.)
|
10.14
|
Agreement
and Plan of Merger by and between First Bank of Dothan, Inc. and
Community
Capital Bancshares, Inc., dated as of July 2, 2003. (Incorporated
by
reference to Exhibit 99.1 in Community Capital's Current Report on
Form
8-K (File no. 000-25345), filed July 7, 2003.)
|
10.15*
|
Employment
Agreement dated September 13, 2004, among Albany Bank & Trust, N.A.,
Community Capital Bancshares, Inc. and David J. Baranko. (Incorporated
by
reference to exhibit of same number in Community Capital's Quarterly
Report on Form 10-QSB for the quarterly period ended September 30,
2004
(File no. 000-25345), filed November 15, 2004.)
|
10.16*
|
Employment
Agreement dated September 13, 2004, among Albany Bank & Trust, N.A.,
Community Capital Bancshares, Inc. and Paul E. Joiner, Jr. (Incorporated
by reference to exhibit of same number in Community Capital's Current
Report on Form 8-K (File no. 000-25345), filed December 7,
2004.)
|
10.17*
|
Salary
Continuation Agreement dated September 13, 2004, among Albany Bank
&
Trust, N.A., Community Capital Bancshares, Inc. and Robert E. Lee.
(Incorporated by reference to Community Capital’s Form 10-KSB (000-25345),
filed March 30, 2005.)
|
10.18*
|
Salary
Continuation Agreement dated September 13, 2004, among Albany Bank
&
Trust, N.A., Community Capital Bancshares, Inc. and Paul E. Joiner,
Jr.
(Incorporated by reference to Community Capital’s Form 10-KSB (000-25345),
filed March 30, 2005.)
|
10.19*
|
Separation Agreement and General Release dated March 30, 2006 among Albany Bank & Trust, N.A., Community Capital Bancshares, Inc. and Robert E. Lee |
10.20*
|
Community Capital Bancshares, Inc., 2006 Employee Stock Purchase Plan. |
13.1
|
Community
Capital Bancshares, Inc. 2006 Annual Report to Shareholders. Except
with
respect to those portions specifically incorporated by reference
into this
Report, Community Capital’s 2006 Annual Report to Shareholders is not
deemed to be filed as part of this Report.
|
21.1
|
Subsidiaries
of Community Capital Bancshares, Inc.
|
23.1
|
Consent
of Mauldin & Jenkins, LLC
|
24.1
|
Power
of Attorney (appears on the signature pages to this Annual Report
on
10-KSB).
|
31.1
|
Certification
of the Chief Executive Officer pursuant to Section 302 of the
Sarbanes-Oxley Act of 2002
|
31.2
|
Certification
of the Chief Financial Officer pursuant to Section 302 of the
Sarbanes-Oxley Act of 2002
|
32.1
|
Certification
Pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section
906 of
the Sarbanes-Oxley Act of 2002
|