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Ownership Document |
Schema Version: X0303 |
Document Type: 5 |
Period of Report: 12/31/08 |
Not Subject to Section 16: 0 |
Form 3 Holdings Reported: 0 |
Form 4 Transactions Reported: 0 |
Issuer: |
| Issuer CIK: 1013796 |
| Issuer Name: TIB FINANCIAL CORP. |
| Issuer Trading Symbol: TIBB |
Reporting Owner: |
| Reporting Owner ID: |
| | Owner CIK: 1430971 |
| | Owner Name: Gutman Howard B. |
| Reporting Owner Address: |
| | Owner Street 1: 599 9TH STREET NORTH |
| | Owner Street 2: SUITE 101 |
| | Owner City: NAPLES |
| | Owner State: FL |
| | Owner ZIP Code: 34102 |
| | Owner State Description: |
| Reporting Owner Relationship: |
| | Is Director? Yes |
| | Is Officer? No |
| | Is Ten Percent Owner? No |
| | Is Other? Yes |
| | Officer Title: |
| | Other Text: Strategic Planning Cmte. Chair |
Non-Derivative Table: |
| Non-Derivative Transaction: |
| | Security Title: |
| | | Value: Common Stock, $.10 par value |
| | Transaction Date: |
| | | Value: 12/31/08 |
| | | Footnote ID: F1 |
| | Deemed Execution Date: |
| | Transaction Coding: |
| | | Transaction Form Type: 5 |
| | | Transaction Code: J |
| | | Equity Swap Involved? No |
| | Transaction Timeliness: |
| | | Value: |
| | Transaction Amounts: |
| | | Transaction Shares: |
| Value: 660 |
| Footnote ID: F1 |
| | | Transaction Price Per Share: |
| Value: 0.00 |
| | | Transaction Acquired-Disposed Code: |
| Value: A |
| | Post-Transaction Amounts: |
| | | Shares Owned Following Transaction: |
| Value: 22,517 |
| Footnote ID: F2 |
| | Ownership Nature: |
| | | Direct or Indirect Ownership: |
| Value: D |
| Non-Derivative Transaction: |
| | Security Title: |
| | | Value: Common Stock, $.10 par value |
| | Transaction Date: |
| | | Value: 12/31/08 |
| | | Footnote ID: F1 |
| | Deemed Execution Date: |
| | Transaction Coding: |
| | | Transaction Form Type: 5 |
| | | Transaction Code: J |
| | | Equity Swap Involved? No |
| | Transaction Timeliness: |
| | | Value: |
| | Transaction Amounts: |
| | | Transaction Shares: |
| Value: 60 |
| Footnote ID: F1 |
| | | Transaction Price Per Share: |
| Value: 0.00 |
| | | Transaction Acquired-Disposed Code: |
| Value: A |
| | Post-Transaction Amounts: |
| | | Shares Owned Following Transaction: |
| Value: 2060 |
| | Ownership Nature: |
| | | Direct or Indirect Ownership: |
| Value: I |
| | | Nature of Ownership: |
| Value: By Howard B. Gutman WBNA Custodian Trad IRA |
| Non-Derivative Transaction: |
| | Security Title: |
| | | Value: Common Stock, $.10 par value |
| | Transaction Date: |
| | | Value: 12/31/08 |
| | | Footnote ID: F1 |
| | Deemed Execution Date: |
| | Transaction Coding: |
| | | Transaction Form Type: 5 |
| | | Transaction Code: J |
| | | Equity Swap Involved? No |
| | Transaction Timeliness: |
| | | Value: |
| | Transaction Amounts: |
| | | Transaction Shares: |
| Value: 1,803 |
| Footnote ID: F1 |
| | | Transaction Price Per Share: |
| Value: 0.00 |
| | | Transaction Acquired-Disposed Code: |
| Value: A |
| | Post-Transaction Amounts: |
| | | Shares Owned Following Transaction: |
| Value: 61,327 |
| Footnote ID: F3 |
| | Ownership Nature: |
| | | Direct or Indirect Ownership: |
| Value: I |
| | | Nature of Ownership: |
| Value: By Premier Insurance, LLC |
Derivative Table: |
| Derivative Holding: |
| | Security Title: |
| | | Value: Warrants |
| | Conversion or Exercise Price: |
| | | Value: 8.16 |
| | Transaction Coding: |
| | | Transaction Form Type: |
| | Exercise Date: |
| | | Value: 3/7/08 |
| | Expiration Date: |
| | | Value: 3/7/11 |
| | Underlying Security: |
| | | Underlying Security Title: |
| Value: Common Stock, $0.10 par value |
| | | Underlying Security Shares: |
| Value: 18,397 |
| Footnote ID: F2 |
| | Post-Transaction Amounts: |
| | | Shares Owned Following Transaction: |
| Value: 18,397 |
| | Ownership Nature: |
| | | Direct or Indirect Ownership: |
| Value: D |
| Derivative Holding: |
| | Security Title: |
| | | Value: Warrants |
| | Conversion or Exercise Price: |
| | | Value: 8.16 |
| | Transaction Coding: |
| | | Transaction Form Type: |
| | Exercise Date: |
| | | Value: 3/7/08 |
| | Expiration Date: |
| | | Value: 3/7/11 |
| | Underlying Security: |
| | | Underlying Security Title: |
| Value: Common Stock, $0.10 par value |
| | | Underlying Security Shares: |
| Value: 61,327 |
| Footnote ID: F3 |
| | Post-Transaction Amounts: |
| | | Shares Owned Following Transaction: |
| Value: 61,327 |
| | Ownership Nature: |
| | | Direct or Indirect Ownership: |
| Value: I |
| | | Nature of Ownership: |
| Value: By Premier Insurance LLC |
Footnotes: |
| Footnote - F1: 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. |
| Footnote - F2: 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. |
| Footnote - F3: 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: |
Owner Signature: |
| Signature Name: Vicki L. Walker, Attorney In Fact for Howard B. Gutman |
| Signature Date: 2/6/09 |