FORM 11-K
Table of Contents

 

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

 

FORM 11-K

 

 

(Mark One)

x ANNUAL REPORT PURSUANT TO SECTION 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934

FOR THE FISCAL YEAR ENDED December 31, 2009

OR

 

¨ TRANSITION REPORT PURSUANT TO SECTION 15(d) OF THE SECURITIES AND EXCHANGE ACT OF 1934

FOR THE TRANSITION PERIOD FROM              TO             

Commission File Number: 000-21835

 

 

 

A. Full title of the plan and the address of the plan, if different from that of the issuer named below:

 

 

SUN HYDRAULICS CORPORATION 401(K) AND ESOP

RETIREMENT PLAN

1500 WEST UNIVERSITY PARKWAY

SARASOTA, FLORIDA 34243

 

 

 

B. Name of issuer of the securities held pursuant to the plan and the address of its principal executive office:

SUN HYDRAULICS CORPORATION

1500 WEST UNIVERSITY PARKWAY

SARASOTA, FLORIDA 34243

 

 

 


Table of Contents

SUN HYDRAULICS CORPORATION 401(K) AND ESOP RETIREMENT PLAN

FINANCIAL STATEMENTS AND SUPPLEMENTAL SCHEDULE

AND REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

DECEMBER 31, 2009 AND 2008


Table of Contents

CONTENTS

 

     Page

Report of Independent Registered Certified Public Accounting Firm

   1

Financial Statements

  

Statements of Net Assets Available for Benefits

   2

Statements of Changes in Net Assets Available for Benefits

   3

Notes to the Financial Statements

   4

Supplemental Schedule

  

Schedule of Assets (Held at End of Year)

   13

Exhibits

   14

Signature

   15

Consent of Independent Registered Certified Public Accounting Firm

   16


Table of Contents

REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

To the Participants and Administrator of the

Sun Hydraulics Corporation 401(k) and

ESOP Retirement Plan:

We have audited the accompanying statements of net assets available for benefits of Sun Hydraulics Corporation 401(k) and ESOP Retirement Plan as of December 31, 2009 and 2008, and the related statements of changes in net assets available for benefits for the years then ended. These financial statements are the responsibility of the Plan’s management. Our responsibility is to express an opinion on these financial statements based on our audits.

We conducted our audits in accordance with the standards of the Public Company Accounting Oversight Board (United States). Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. The Plan is not required to have, nor have we been engaged to perform an audit of its internal control over financial reporting. Our audits included consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Plan’s internal control over financial reporting. Accordingly, we express no such opinion. An audit also includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements, assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion.

In our opinion, the financial statements referred to above present fairly, in all material respects, the net assets available for benefits of Sun Hydraulics Corporation 401(k) and ESOP Retirement Plan as of December 31, 2009 and 2008, and the changes in net assets available for benefits for the years then ended, in conformity with accounting principles generally accepted in the United States of America.

Our audit was conducted for the purpose of forming an opinion on the basic financial statements taken as a whole. The supplemental schedule of assets (held at end of year) is presented for purposes of additional analysis and is not a required part of the basic financial statements, but is supplementary information required by the Department of Labor’s Rules and Regulations for Reporting and Disclosure under the Employee Retirement Income Security Act of 1974. This supplemental schedule has been subjected to the auditing procedures applied in the audit of the basic financial statements and, in our opinion, is fairly stated in all material respects in relation to the basic financial statements taken as a whole.

 

/s/ Kirkland, Russ, Murphy & Tapp, P.A.
Clearwater, Florida
June 18, 2010

 

1


Table of Contents

SUN HYDRAULICS CORPORATION 401(K) AND ESOP RETIREMENT PLAN

STATEMENTS OF NET ASSETS AVAILABLE FOR BENEFITS

 

     December 31,  
     2009     2008  
Assets     

Investments at market value

    

Cash timing difference

   $ —        $ (4,178

Common/collective trust fund

     7,209,395        7,539,473   

Money market fund

     178        562   

Mutual funds

     23,857,110        20,174,081   

Self directed brokerage accounts

     802,275        143,089   

Sponsor company common stock, non-participant directed

     9,668,925        4,873,249   
                

Total investments

     41,537,883        32,726,276   

Participant loans

     2,112,823        1,761,828   
                

Total investments and participant loans

     43,650,706        34,488,104   
                

Receivables

    

Employer contribution-cash

     82        14   

Employer contribution-sponsor company common stock

     —          2,463,187   

Participants’ contribution

     77        14   

Participant loan interest

     9        —     
                

Total receivables

     168        2,463,215   
                

Net assets available for benefits at fair value

     43,650,874        36,951,319   

Adjustment from fair value to contract value for fully benefit responsive investment contract

     (49,404     366,026   
                

Net assets available for benefits

   $ 43,601,470      $ 37,317,345   
                

The accompanying Notes to the Financial Statements are an integral part of these financial statements.

 

2


Table of Contents

SUN HYDRAULICS CORPORATION 401(K) AND ESOP RETIREMENT PLAN

STATEMENTS OF CHANGES IN NET ASSETS AVAILABLE FOR BENEFITS

 

     Year Ended December 31,  
     2009    2008  

Additions (Reductions) to net assets attributed to:

     

Investment income (loss)

     

Net appreciation (depreciation) in fair value of investments

   $ 8,102,019    $ (10,474,650

Interest on investments

     1      25,178   

Participant loan interest

     135,066      136,917   
               

Total investment income (loss)

     8,237,086      (10,312,555
               

Contributions

     

Participant

     1,353,932      1,814,175   

Employer-cash

     848,691      1,185,759   

Employer-sponsor company common stock, at fair value

     —        3,221,230   

Rollovers

     163,827      183,209   
               

Total contributions

     2,366,450      6,404,373   
               

Total additions (reductions)

     10,603,536      (3,908,182
               

Deductions from net assets:

     

Benefits paid to participants

     4,292,916      2,076,723   

Administrative expenses

     26,495      17,888   
               

Total deductions

     4,319,411      2,094,611   
               

Net increase (decrease)

     6,284,125      (6,002,793
               

Net assets available for benefits

     

Beginning of the year

     37,317,345      43,320,138   
               

End of the year

   $ 43,601,470    $ 37,317,345   
               

The accompanying Notes to the Financial Statements are an integral part of these financial statements.

 

3


Table of Contents

SUN HYDRAULICS CORPORATION 401(K) AND ESOP RETIREMENT PLAN

NOTES TO THE FINANCIAL STATEMENTS

DECEMBER 31, 2009 AND 2008

1. Description of Plan

The following description of the Sun Hydraulics Corporation 401(k) and ESOP Retirement Plan (f/k/a Sun Hydraulics Corporation Retirement Plan) (the “Plan”) provides only general information. Participants should refer to the Plan agreement, as amended, for a more complete description of the Plan’s provisions.

General

The Plan became effective January 1, 1979. The Plan is a defined contribution 401(k) plan covering employees of its sponsor, Sun Hydraulics Corporation (“Corporation”), who have completed three months employment and reached the age of 18. Employees may enroll in the Plan effective on the first day of each calendar quarter following their third month of employment. The Plan is subject to the provisions of the Employee Retirement Income Security Act of 1974 (ERISA).

During 2004, the Corporation adopted the Employee Stock Ownership Plan (“ESOP”). Under the ESOP, the Corporation may contribute on a discretionary basis company common stock to all employees eligible to participate in the Plan. The ESOP is a non-participant directed investment as the Corporation makes all contributions to the fund.

The sponsor company common stock fund is a share-based stock fund. At December 31, 2009, the fund held 368,340 shares of Sun Hydraulics Corporation common stock with a price of $26.25 per share as of such date. At December 31, 2008, the fund held 258,665 shares of Sun Hydraulics Corporation common stock with a price of $18.84 per share as of such date.

The Plan is administered by the Employee Benefits Committee (the “Committee”) except in connection with the acquisition, retention or disposition of Corporation stock held by the Plan, with respect to which the Board of Directors retained authority. The Committee is composed of five employees of the Corporation appointed by the Corporation’s Board of Directors. Charles Schwab Trust Company (the “Trustee”) is the current trustee for the Plan. Schwab Retirement Plan Services, Inc. provides the recordkeeping, accounting, and the telephone and Internet exchange features of the Plan.

Contributions

Salary deferral contributions are made by participating employees through payroll deductions in amounts authorized by the employees. The Plan allows participants to make pre-tax contributions from 1% to 100% of their salary not to exceed statutory limits. Pre-tax contributions, of up to 6% of the employee’s salary (depending on length of service), are matched by the Corporation. Matching contributions are based on the years of service as listed in the following schedule:

 

Years of Service

   % Match  

Less than three years

   3

After three years

   4

After five years

   5

After seven or more years

   6

 

4


Table of Contents

SUN HYDRAULICS CORPORATION 401(K) AND ESOP RETIREMENT PLAN

NOTES TO THE FINANCIAL STATEMENTS—(Continued)

DECEMBER 31, 2009 AND 2008

 

Additional contributions may be made by the Corporation on a discretionary basis. During 2009 and 2008, the Corporation contributed $0 and $3,221,230, respectively, to the ESOP in the form of company stock. Contributions in 2008 of $2,463,187 are shown as a contribution receivable for that plan year.

Participant Accounts

Each participant’s account is credited with the participant’s contribution, any employer contribution and an allocation of Plan earnings or losses. Allocations are based on the participant’s account balance.

Vesting

Participants are immediately vested in their voluntary contributions plus actual earnings thereon. Participants are vested in employer matching contributions and discretionary employer ESOP contributions based upon years of service defined in the Plan, as follows:

 

Years of Service

   Vesting %  

Less than 1

   0

1

   20

2

   40

3

   60

4

   80

5 or more

   100

Payment of Benefits

If a participant ceases to be employed by the Corporation for any reason other than death or total and permanent disability, prior to satisfying the age and service requirements for early or normal retirement, the terminated participant may elect to receive lump-sum or periodic payments of the participant’s vested account balance. Withdrawals may be subject to tax withholdings and penalties.

Benefits may be paid upon death, disability, termination or retirement to the participants or their beneficiaries, in lump-sum amounts or periodic payments. Under certain circumstances, hardship withdrawals are allowed from the Plan.

 

5


Table of Contents

SUN HYDRAULICS CORPORATION 401(K) AND ESOP RETIREMENT PLAN

NOTES TO THE FINANCIAL STATEMENTS—(Continued)

DECEMBER 31, 2009 AND 2008

 

Investment Options

The participants, upon enrollment in the Plan, elect to invest their contributions, in multiples of five (5) % increments, in the investment options provided by the Plan. Investments in sponsor company common stock is not a participant directed investment option.

Participant Loans

A participant may receive a loan based on the loan program set forth by the Plan. The minimum loan is $1,000 and the maximum is $50,000, not to exceed 50% of the participant’s vested account balance. Loans are repaid through payroll deductions over a maximum of five (5) years. A participant can have only one loan outstanding. Current loans bear interest at rates between 5.25% and 10.25%.

Plan Expenses

The Plan pays the account administrative service fee from income earned by the Plan. The Corporation pays the administrative service fee, legal and accounting fees, and other expenses on behalf of the Plan.

Forfeitures

At December 31, 2009 and 2008, forfeited nonvested accounts totaled $ 33,722 and $67,019, respectively. Account balances will revert back to the Plan and will be used to pay reasonable administrative expenses of the Plan; any excess will be used to reduce the employer’s matching contributions.

2. Summary of Accounting Policies

Basis of Accounting

The accompanying financial statements are presented on the accrual basis of accounting.

Use of Estimates

The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and changes therein, and disclosure of contingent assets and liabilities. Actual results could differ from those estimates.

Investments

The Plan’s investments are held by the Trustee. The Plan’s investments are stated at fair value. If available, quoted market prices are used to value investments. For investments without quoted market prices, the net asset value is calculated and verified on a daily basis by the respective trusts and reported to the Trustee. Participants’ loans are valued at cost which equals fair value. Investment income and gains and losses are allocated among participants on the basis of individual participant account balances. Purchases and sales of securities are recorded on a trade-date basis. Interest income is recorded on the accrual basis. Dividend income is recognized when earned.

 

6


Table of Contents

SUN HYDRAULICS CORPORATION 401(K) AND ESOP RETIREMENT PLAN

NOTES TO THE FINANCIAL STATEMENTS—(Continued)

DECEMBER 31, 2009 AND 2008

 

Payment of Benefits

Benefits are recorded when paid.

Net Appreciation (Depreciation) in Fair Value of Investments

The Plan presents, in the statements of changes in net assets available for benefits, the net appreciation (depreciation) in fair value of its investments consisting of interest, dividends, the realized gains (losses) and the unrealized appreciation (depreciation) on those investments.

3. Investments

Investment balances that represent five percent or more of the net assets available for benefits are as follows:

 

     2009    2008

Sponsor Company Common Stock

   $ 9,668,925    $ 4,873,249

Schwab Stable Value Select Fund

     7,209,395      7,539,473

JPMorgan Core Bond Fund

     4,759,516      4,522,402

Schwab S&P 500 Index Select

     4,253,971      2,960,254

Artio International Equity A

     3,167,504      3,236,557

Ranier Core Equity

     2,345,129      2,077,233

During the years ended December 31, 2009 and 2008, the Plan’s investments (including gains and losses on investments bought and sold, as well as held during the year) appreciated (depreciated) in value as follows:

 

     2009    2008  

Mutual funds

   4,194,060    (9,361,311

Common/collective trust fund

   215,271    253,207   

Sponsor company common stock

   3,570,604    (1,332,278

Self directed brokerage account

   122,084    (34,268
           

Net change in fair value

   8,102,019    (10,474,650
           

A portion of the Schwab Stable Value Fund, a common collective trust (“CCT”), is invested in guaranteed investment contracts (“GICs”) which provide for benefit-responsive withdrawals by plan participants at contract value. The GICs are valued at fair value in Investments with an adjustment to reflect them at contract value on the Statement of Net Assets. The average yield for the CCT was 3.06% and 3.72% for the years ended December 31, 2009 and 2008, respectively. The CCT’s crediting interest rates on investments ranged from 0.22% to 9.70% and 3.70% to 3.74% on December 31, 2009 and 2008, respectively.

 

7


Table of Contents

SUN HYDRAULICS CORPORATION 401(K) AND ESOP RETIREMENT PLAN

NOTES TO THE FINANCIAL STATEMENTS—(Continued)

DECEMBER 31, 2009 AND 2008

 

4. Fair Value Measurements

The Company uses the three-tier fair value hierarchy which prioritizes the inputs used in measuring fair value as follows:

Level 1. Observable inputs such as quoted prices in active markets;

Level 2. Inputs, other than the quoted prices in active markets, that are observable either directly or indirectly; and

Level 3. Unobservable inputs in which there is little or no market data, which require the reporting entity to develop its own assumptions.

The asset’s fair value measurement level within the fair value hierarchy is based on the lowest level of any input that is significant to the fair value measurement. The following is a description of the valuation methodologies used for the investments measured at fair value, including the general classification of such instruments pursuant to the valuation hierarchy.

Common/collective trust fund

The common/collective trust fund’s market value is based on the asset value per unit as determined by the collective trust as of the valuation date and are classified as Level 2.

Common stocks

Sun Hydraulics Corporation common stock and common stocks held in self-directed brokerage accounts are stated at fair value as quoted by the market close price on a recognized securities exchange on the last business day of the Plan year and are classified as Level 1.

Money market funds

The money market funds are valued at quoted prices in an active market, which represents the net asset values of shares held by the Plan at year-end and are classified as Level 1.

Mutual funds

Mutual funds and mutual funds held in self-directed brokerage accounts are valued at quoted prices in an active market, which represents the net asset values of shares held by the Plan at year-end and are classified as Level 1.

Participant loans

Participant loans are valued at their outstanding balances, which approximate fair value and are classified as Level 3.

 

8


Table of Contents

SUN HYDRAULICS CORPORATION 401(K) AND ESOP RETIREMENT PLAN

NOTES TO THE FINANCIAL STATEMENTS—(Continued)

DECEMBER 31, 2009 AND 2008

 

As of December 31, 2009, the Plan’s investments measured at fair value on a recurring basis were as follows:

 

Description

   Assets
Measured at
Fair Value at
12/31/2009
   Fair Value Measurements at 12/31/09 Using
      Quoted Prices
in Active
Markets for
Identical
Assets
(Level 1)
   Significant
Other
Observable
Inputs
(Level 2)
   Significant
Unobservable
Inputs
(Level 3)

Common/collective trust fund

   7,209,395    —      7,209,395    —  

Sponsor company common stock

   9,668,925    9,668,925    —      —  

Money market fund

   178    178    —      —  

Mutual funds

   23,857,110    23,857,110    —      —  

Self directed brokerage accounts

   802,275    802,275    —      —  

Participant loans

   2,112,823    —      —      2,112,823
                   
   43,650,706    34,328,488    7,209,395    2,112,823
                   

As of December 31, 2008, the Plan’s investments measured at fair value on a recurring basis were as follows:

 

Description

   Assets
Measured at
Fair Value at
12/31/2008
   Fair Value Measurements at 12/31/08 Using
      Quoted Prices
in Active
Markets for
Identical Assets
(Level 1)
   Significant
Other
Observable
Inputs
(Level 2)
   Significant
Unobservable
Inputs
(Level 3)

Common/collective trust fund

   7,539,473    —      7,539,473    —  

Sponsor company common stock

   4,873,249    4,873,249    —      —  

Money market fund

   562    562    —      —  

Mutual funds

   20,174,081    20,174,081    —      —  

Self directed brokerage accounts

   143,089    143,089    —      —  

Participant loans

   1,761,828    —      —      1,761,828
                   
   34,492,282    25,190,981    7,539,473    1,761,828
                   

The following table presents the changes in the fair value of the Plan’s Level 3 investments measured at fair value for the period January 1, 2009 to December 31, 2009:

 

     Level 3 Assets  

Beginning balance as of January 1, 2009

   1,761,828   

Principal repayments

   (780,291

Loan withdrawals

   1,266,596   

Deemed distribution

   (135,310
      

Ending balance as of December 31, 2009

   2,112,823   
      

5. Non-participant Directed Investments

Information about the net assets and the significant components of the changes in net assets relating to the non-participant directed investments is as follows:

 

     2009    2008

Net assets:

     

Sponsor company common stock

   $ 9,668,925    $ 4,873,249
             

 

9


Table of Contents

SUN HYDRAULICS CORPORATION 401(K) AND ESOP RETIREMENT PLAN

NOTES TO THE FINANCIAL STATEMENTS—(Continued)

DECEMBER 31, 2009 AND 2008

 

     Year Ended December 31,  
     2009     2008  

Changes in net assets:

    

Contributions

   $ 2,463,200      $ 2,255,549   

Net appreciation (depreciation)

     3,570,604        (1,332,278

Benefits paid to participants

     (562,633     (292,856

Administrative expenses

     (6,440     (5,238

Loans taken

     (327,906     (309,740

Forfeitures

     (60,639     (62,260

Transfers to participant directed investments

     (280,510     (1,600,341
                
   $ 4,795,676      $ (1,347,164
                

6. Tax Status of the Plan

The Internal Revenue Service has determined and informed the Corporation by letter dated October 3, 2005, that the Plan and related trusts were designed in accordance with applicable sections of the Internal Revenue Code. Although the Plan has been amended since receiving the letter, the Corporation believes that the Plan is designed and is currently being operated in compliance with the applicable requirements of the Internal Revenue Code.

7. Plan Termination

Although it has not expressed any intent to do so, the Corporation has the right under the Plan to amend or discontinue the Plan at any time and to terminate the Plan, subject to the terms of ERISA. In the event of Plan termination, the participants will become 100% vested in their accounts and net assets of the Plan will be distributed to the participants and beneficiaries of the Plan.

8. Related Party Transactions

Certain Plan investments are shares of mutual funds and a common/collective trust managed by the Trustee and shares of the Corporation’s common stock; and therefore, these transactions qualify as party-in-interest.

9. Risks and Uncertainties

The Plan invests in various investment securities. Investment securities are exposed to various risks such as interest rate, market, and credit risks. Due to the level of risk associated with certain investment securities, it is at least reasonably possible that changes in the values of investment securities will occur in the near term and that such changes could materially affect participants’ account balances and the amounts reported in the statements of net assets available for benefits.

 

10


Table of Contents

SUN HYDRAULICS CORPORATION 401(K) AND ESOP RETIREMENT PLAN

NOTES TO THE FINANCIAL STATEMENTS—(Continued)

DECEMBER 31, 2009 AND 2008

 

10. Reconciliation of Financial Statements to Schedule H of Form 5500

The following is a reconciliation of net assets available for benefits per the financial statements at December 31, 2009 and 2008 to Schedule H of Form 5500:

 

     2009    2008  

Net assets available for benefits per the financial statements

   $ 43,601,470    $ 37,317,345   

Adjustment from fair value to contract value for fully benefit responsive investment contract

     49,404      (366,026
               

Net assets available for benefits per Schedule H of Form 5500, line 1(l)

   $ 43,650,874    $ 36,951,319   
               

The following is a reconciliation of net increase (decrease) in net assets available for benefits for the years ended December 31, 2009 and 2008 per the financial statements to net income (loss) on Schedule H of Form 5500:

 

     2009    2008  

Net increase (decrease) in net assets available for benefits per the financial statements

   $ 6,284,125    $ (6,002,793

Adjustment from fair value to contract value for fully benefit responsive investment contract

     415,430      (366,026
               

Net income (loss) per Schedule H of Form 5500, line 2(k)

   $ 6,699,555    $ (6,368,819
               

 

11


Table of Contents

SUPPLEMENTAL SCHEDULE

 

12


Table of Contents

SUN HYDRAULICS CORPORATION 401(K) AND ESOP RETIREMENT PLAN

SCHEDULE OF ASSETS (HELD AT END OF YEAR)

December 31, 2009

Information furnished pursuant to item 4i, Schedule H of Form 5500

Employer identification number: 59 2754337

 

(a)    (b)    ( c )    (d)    (e)
    

Identity of issuer, borrower,

lessor, or similar party

  

Description of

investment including

maturity date, rate of

interest, collateral, par or

maturity value

   Cost    Market Value

*

  

Schwab Stable Value Select Fund

  

Common/Collective Trust

   $ #    $ 7,209,395

*

  

Schwab Government Money Fund

  

Money Market Fund

     #      178
  

American Beacon Large Cap Value

  

Mutual Fund

     #      1,358,772
  

Artio International Equity A

  

Mutual Fund

     #      3,167,504
  

Blackrock Lifepath 2020

  

Mutual Fund

     #      1,488,583
  

Blackrock Lifepath 2030

  

Mutual Fund

     #      1,357,278
  

Blackrock Lifepath 2040

  

Mutual Fund

     #      308,966
  

Blackrock Lifepath 2050

  

Mutual Fund

     #      41,272
  

Blackrock Lifepath Ret I

  

Mutual Fund

     #      319,469
  

JPMorgan Core Bond Fund

  

Mutual Fund

     #      4,759,516
  

Loomis Sayles Small Cap Value

  

Mutual Fund

     #      1,563,634
  

Perkins Mid Cap Value Inv

  

Mutual Fund

     #      1,995,170
  

Ranier Core Equity

  

Mutual Fund

     #      2,345,129

*

  

Schwab S&P 500 Index Select

  

Mutual Fund

     #      4,253,971
  

Thornburg Value R5

  

Mutual Fund

     #      897,846
  

Personal Choice Retirement Account

  

Self Directed Brokerage Account

     #      802,275

**

  

Sponsor Company Common Stock

  

Common Stock

     4,078,473      9,668,925
  

Participant Loans

  

Various maturity dates with interest ranging from 5.25%-10.25%

     #      2,112,823
                   
  

Total investments

      $ 4,078,473    $ 43,650,706
                   

 

* Represents a party-in-interest to the Plan.
** Represents both a party-in-interest to the Plan and a non-participant directed fund.
# Investments are particpant-directed, and therefore, cost information is not required.

See accompanying independent registered public accounting firm’s report.

 

13


Table of Contents

Exhibits:

 

Exhibit
Number

  

Exhibit Description

23.1    Consent of Independent Registered Certified Public Accounting Firm – Kirkland, Russ, Murphy & Tapp, P.A.

 

14


Table of Contents

SIGNATURE

The Plan. Pursuant to the requirements of the Securities Exchange Act of 1934, the Plan Administrator has duly caused this annual report to be signed on its behalf by the undersigned hereunto duly authorized.

 

 

Sun Hydraulics Corporation 401(K) and ESOP Retirement Plan

June 18, 2010   By:  

/S/    TRICIA L. FULTON        

    Tricia L. Fulton
    Chief Financial Officer (Principal
    Financial and Accounting Officer)

 

15