SEC Info - Gutman Howard B. - ‘5’ for 12/31/08 re: Tib Financial Corp.

FORM 5

UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

ANNUAL STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP

Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934
or Section 30(h) of the Investment Company Act of 1940

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Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b).

Form 3 Holdings Reported.

Form 4 Transactions Reported.

1. Name and Address of Reporting Person^*

Gutman Howard B.

(Last)

(First)

(Middle)

599 9TH STREET NORTH

SUITE 101

(Street)

NAPLES

34102

(City)

(State)

(Zip)

2. Issuer Name and Ticker or Trading Symbol
TIB FINANCIAL CORP. [ TIBB ]

5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)

X	Director		10% Owner
	Officer (give title below)	X	Other (specify below)
Strategic Planning Cmte. Chair

3. Statement for Issuer's Fiscal Year Ended (Month/Day/Year)
12/31/08

4. 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 Acquired, Disposed of, or Beneficially Owned
1. Title of Security (Instr. 3)	2. Transaction Date (Month/Day/Year)	2A. Deemed Execution Date, if any (Month/Day/Year)	3. Transaction Code (Instr. 8)	4. Securities Acquired (A) or Disposed Of (D) (Instr. 3, 4 and 5)			5. Amount of Securities Beneficially Owned at end of Issuer's Fiscal Year (Instr. 3 and 4)	6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4)	7. Nature of Indirect Beneficial Ownership (Instr. 4)
1. Title of Security (Instr. 3)	2. Transaction Date (Month/Day/Year)	2A. Deemed Execution Date, if any (Month/Day/Year)	3. Transaction Code (Instr. 8)	Amount	(A) or (D)	Price		6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4)	7. Nature of Indirect Beneficial Ownership (Instr. 4)
Common Stock, $.10 par value	12/31/08 ⁽¹⁾		J	660 ⁽¹⁾	A	$0.00	22,517 ⁽²⁾	D
Common Stock, $.10 par value	12/31/08 ⁽¹⁾		J	60 ⁽¹⁾	A	$0.00	2,060	I	By Howard B. Gutman WBNA Custodian Trad IRA
Common Stock, $.10 par value	12/31/08 ⁽¹⁾		J	1,803 ⁽¹⁾	A	$0.00	61,327 ⁽³⁾	I	By Premier Insurance, LLC

Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned (e.g., puts, calls, warrants, options, convertible securities)
1. Title of Derivative Security (Instr. 3)	2. Conversion or Exercise Price of Derivative Security	3. Transaction Date (Month/Day/Year)	3A. Deemed Execution Date, if any (Month/Day/Year)	4. Transaction Code (Instr. 8)	5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3, 4 and 5)		6. Date Exercisable and Expiration Date (Month/Day/Year)		7. Title and Amount of Securities Underlying Derivative Security (Instr. 3 and 4)		8. Price of Derivative Security (Instr. 5)	9. Number of derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4)	10. Ownership Form: Direct (D) or Indirect (I) (Instr. 4)	11. Nature of Indirect Beneficial Ownership (Instr. 4)
1. Title of Derivative Security (Instr. 3)	2. Conversion or Exercise Price of Derivative Security	3. Transaction Date (Month/Day/Year)	3A. Deemed Execution Date, if any (Month/Day/Year)	4. Transaction Code (Instr. 8)	(A)	(D)	Date Exercisable	Expiration Date	Title	Amount or Number of Shares	8. Price of Derivative Security (Instr. 5)		10. Ownership Form: Direct (D) or Indirect (I) (Instr. 4)	11. Nature of Indirect Beneficial Ownership (Instr. 4)
Warrants	$8.16						3/7/08	3/7/11	Common Stock, $0.10 par value	18,397 ⁽²⁾		18,397	D
Warrants	$8.16						3/7/08	3/7/11	Common Stock, $0.10 par value	61,327 ⁽³⁾		61,327	I	By Premier Insurance LLC

Explanation of Responses:

(1) TIB Financial Corp. declared a 1% stock dividend payable to all holders of record of common stock on 7/7/08, 9/30/08 and 12/31/08, respectively, which was distributed on 7/17/08, 10/10/08 and 1/10/09, respectively. The reporting person acquired 218 shares, 220 shares and 222 shares, respectively on each distribution date. The traditional IRA acquired 20 shares on each distribution date. Premier Insurance, LLC acquired 595 shares, 601 shares, and 607 shares, respectively, on each distribution date.

(2) The reporting person owns 22,517 shares and 18,397 warrants. 18,397 shares and warrants are held in joint tenancy with his wife, Rachel A. Gutman.

(3) The reporting person is the sole shareholder of HBG Insurance, Inc., a member of Premier Insurance, LLC, a Florida limited liability company, and is the Managing Member of Premier Insurance. The reporting person disclaims beneficial ownership of these securities, except to the extent of his pecuniary interest therein, and this report shall not be deemed an admission that the reporting person is the beneficial owner of the securities for purposes of Section 16 or for any other purpose.

Remarks:

	Vicki L. Walker, Attorney In Fact for Howard B. Gutman	2/6/09
	** 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 4 (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.

____________ Transaction Code:
J	Other acquisition or disposition.

Gutman Howard B. – ‘5’ for 12/31/08 re: Tib Financial Corp.

On: Friday, 2/6/09, at 6:23pm ET · For: 12/31/08 · As: Director and Other · Accession #: 1140361-9-2963 · File #: 0-21329

Previous ‘5’: None · Next & Latest: ‘5’ on 1/21/10 for 12/31/09

Annual Statement of Changes in Beneficial Ownership of Securities by an Insider — Form 5 — SEA’34
Filing Table of Contents

This ‘5’ Document is an XML Data File that may be rendered in various formats:

Gutman Howard B. – ‘5’ for 12/31/08 re: Tib Financial Corp.

On: Friday, 2/6/09, at 6:23pm ET · For: 12/31/08 · As: Director and Other · Accession #: 1140361-9-2963 · File #: 0-21329

Previous ‘5’: None · Next & Latest: ‘5’ on 1/21/10 for 12/31/09

Annual Statement of Changes in Beneficial Ownership of Securities by an Insider — Form 5 — SEA’34Filing Table of Contents

This ‘5’ Document is an XML Data File that may be rendered in various formats:

Annual Statement of Changes in Beneficial Ownership of Securities by an Insider — Form 5 — SEA’34
Filing Table of Contents