SEC Comment Letter for TIB FINANCIAL CORP. (CIK 0001013796) — Jul 25, 2005
TIB FINANCIAL CORP. (CIK 0001013796)
Date: July 25, 2005 · CIK: 0001013796 · Accession: 0000000000-05-038129
AI Filing Summary & Sentiment
File numbers found in text: 000-21329
Letter
July 25, 2005 VIA U.S. MAIL AND FAX (239) 263-4543 Mr. David P. Johnson Chief Financial Officer TIB Financial Corp. 599 9th Street North, Suite 101 Naples, Florida 34102-5624
Re: TIB Financial Corp. Form 10-K for the year ended December 31, 2004 Filed March 16, 2005 File No. 000-21329
Dear Mr. Johnson:
We have reviewed your filings and have the following comments. We have limited our review of your filing to those issues we have addressed in our comments. Where indicated, we think you should revise your documents in response to these comments. If you disagree, we will consider your explanation as to why our comment is inapplicable or a revision is unnecessary. Please be as detailed as necessary in your explanation. In some of our comments, we may ask you to provide us with information so we may better understand your disclosure. After reviewing this information, we may or may not raise additional comments.
Please understand that the purpose of our review process is to assist you in your compliance with the applicable disclosure requirements and to enhance the overall disclosure in your filings. We look forward to working with you in these respects. We welcome any questions you may have about our comments or on any other aspect of our review. Feel free to call us at the telephone numbers listed at the end of this letter.
Form 10-K for the year ended December 31, 2004
Consolidated Financial Statements
Report of Independent Registered Public Accounting Firm
1. The audit report included in the Form 10-K filed in EDGAR is not signed. Please amend to include an audit report that includes the conformed signature of your independent auditor. Refer to Regulation S-X, Article 2.
2. We noted that your auditors did not refer to the United States PCAOB in their audit opinion. Confirm to us that the audit was performed in accordance with the United States PCAOB. In addition, please amend your filing to include a revised audit opinion that complies with PCAOB Standard No. 1.
As appropriate, please amend your Form 10-K for the year ending December 31, 2004 and respond to these comments within 10 business days or tell us when you will provide us with a response. You may wish to provide us with marked copies of the amendment to expedite our review. Please furnish a cover letter that keys your responses to our comments and provides any requested supplemental information. Detailed cover letters greatly facilitate our review. Please understand that we may have additional comments after reviewing your responses to our comments.
We urge all persons who are responsible for the accuracy and adequacy of the disclosure in the filing to be certain that the filing includes all information required under the Securities Exchange Act of 1934 and that they have provided all information investors require for an informed investment decision. Since the company and its management are in possession of all facts relating to a company`s disclosure, they are responsible for the accuracy and adequacy of the disclosures they have made.
In connection with responding to our comments, please provide, in writing, a statement from the company acknowledging that
* the company is responsible for the adequacy and accuracy of the disclosure in the filings;
? staff comments or changes to disclosure in response to staff comments do not foreclose the Commission from taking any action with respect to the filing; and
? the company may not assert staff comments as a defense in any proceeding initiated by the Commission or any person under the federal securities laws of the United States.
In addition, please be advised that the Division of Enforcement has access to all information you provide to the staff of the Division of Corporation Finance in our review of your filing or in response to our comments on your filing.
You may contact Kristin Lochhead, Staff Accountant, at (202) 551-3664 or me at (202) 551-3676 if you have any questions regarding these comments. In this regard, do not hesitate to contact Martin James, the Senior Assistant Chief Accountant, at (202) 551-3671
Sincerely,
Brian Cascio
Accounting Branch Chief
??
Show Raw Text
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Mail Stop 6010
July 25, 2005
VIA U.S. MAIL AND FAX (239) 263-4543
Mr. David P. Johnson
Chief Financial Officer
TIB Financial Corp.
599 9th Street North, Suite 101
Naples, Florida 34102-5624
Re: TIB Financial Corp.
Form 10-K for the year ended December 31, 2004
Filed March 16, 2005
File No. 000-21329
Dear Mr. Johnson:
We have reviewed your filings and have the following
comments.
We have limited our review of your filing to those issues we have
addressed in our comments. Where indicated, we think you should
revise your documents in response to these comments. If you
disagree, we will consider your explanation as to why our comment
is
inapplicable or a revision is unnecessary. Please be as detailed
as
necessary in your explanation. In some of our comments, we may
ask
you to provide us with information so we may better understand
your
disclosure. After reviewing this information, we may or may not
raise additional comments.
Please understand that the purpose of our review process is
to
assist you in your compliance with the applicable disclosure
requirements and to enhance the overall disclosure in your
filings.
We look forward to working with you in these respects. We welcome
any questions you may have about our comments or on any other
aspect
of our review. Feel free to call us at the telephone numbers
listed
at the end of this letter.
Form 10-K for the year ended December 31, 2004
Consolidated Financial Statements
Report of Independent Registered Public Accounting Firm
1. The audit report included in the Form 10-K filed in EDGAR is
not
signed. Please amend to include an audit report that includes the
conformed signature of your independent auditor. Refer to
Regulation
S-X, Article 2.
2. We noted that your auditors did not refer to the United States
PCAOB in their audit opinion. Confirm to us that the audit was
performed in accordance with the United States PCAOB. In addition,
please amend your filing to include a revised audit opinion that
complies with PCAOB Standard No. 1.
As appropriate, please amend your Form 10-K for the year
ending
December 31, 2004 and respond to these comments within 10 business
days or tell us when you will provide us with a response. You may
wish to provide us with marked copies of the amendment to expedite
our review. Please furnish a cover letter that keys your
responses
to our comments and provides any requested supplemental
information.
Detailed cover letters greatly facilitate our review. Please
understand that we may have additional comments after reviewing
your
responses to our comments.
We urge all persons who are responsible for the accuracy and
adequacy of the disclosure in the filing to be certain that the
filing includes all information required under the Securities
Exchange Act of 1934 and that they have provided all information
investors require for an informed investment decision. Since the
company and its management are in possession of all facts relating
to
a company`s disclosure, they are responsible for the accuracy and
adequacy of the disclosures they have made.
In connection with responding to our comments, please
provide,
in writing, a statement from the company acknowledging that
* the company is responsible for the adequacy and accuracy of the
disclosure in the filings;
? staff comments or changes to disclosure in response to staff
comments do not foreclose the Commission from taking any action
with
respect to the filing; and
? the company may not assert staff comments as a defense in any
proceeding initiated by the Commission or any person under the
federal securities laws of the United States.
In addition, please be advised that the Division of
Enforcement
has access to all information you provide to the staff of the
Division of Corporation Finance in our review of your filing or in
response to our comments on your filing.
You may contact Kristin Lochhead, Staff Accountant, at (202)
551-3664 or me at (202) 551-3676 if you have any questions
regarding
these comments. In this regard, do not hesitate to contact Martin
James, the Senior Assistant Chief Accountant, at (202) 551-3671
Sincerely,
Brian Cascio
Accounting Branch Chief
??
??
??
??
Mr. Johnson
TIB Financial Corp.
July 25, 2005
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