UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
FORM 10-K/A
(Amendment No. 1)
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Annual Report Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 |
For the Year Ended December 31, 2009
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Transition Report Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 |
Commission File Number
001-13133
BankAtlantic Bancorp, Inc.
(Exact name of registrant as specified in its charter)
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| Florida
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65-0507804 |
(State or other jurisdiction of
incorporation or organization)
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(I.R.S. Employer
Identification No.) |
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| 2100 West Cypress Creek Road |
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| Ft. Lauderdale, Florida
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33309 |
| (Address of principal executive offices)
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(Zip Code) |
(954) 940-5000
(Registrant’s telephone number, including area code)
SECURITIES REGISTERED PURSUANT TO SECTION 12(B) OF THE ACT:
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Name of Each Exchange on Which Registered |
| Class A Common Stock,
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New York Stock Exchange |
| Par Value $0.01 Per Share |
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SECURITIES REGISTERED PURSUANT TO SECTION 12(G) OF THE ACT: NONE
Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule
405 of the Securities Act. YES o NO x
Indicate by check mark if the registrant is not required to file reports pursuant to Section
13 or Section 15(d) of the Act. YES o NO x
Indicate by check mark whether the registrant (1) has filed all reports required to be filed
by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or
for such shorter period that the registrant was required to file such reports), and (2) has been
subject to such filing requirements for the past 90 days. YES x NO o
Indicate by check mark whether the registrant has submitted electronically and posted on its
corporate Web site, if any, every Interactive Data File required to be submitted and posted
pursuant to Rule 405 of Regulation S-T (§232.405 of this chapter) during the preceding
12 months (or for such shorter period that the registrant was required to submit and post such
files).
Yes o No o
Indicate by check mark if disclosure of delinquent filers pursuant to Item 405 of Regulation
S-K (§ 229.405 of this chapter) is not contained herein, and will not be contained, to the best of
registrant’s knowledge, in definitive proxy or information statements incorporated by reference in
Part III of this Form 10-K or any amendment to this Form 10-K. o
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated
filer, a non-accelerated filer, or a smaller reporting company. See the definitions of “large
accelerated filer,” “accelerated filer” and “smaller reporting company” in Rule 12b-2 of the
Exchange Act.
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Large accelerated filer o
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Accelerated filer o |
Non-accelerated filer o (Do not check if a smaller reporting company)
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Smaller reporting company x |
Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of
the Act). YES o NO x
The aggregate market value of the voting common equity held by non-affiliates was $28.7
million, computed by reference to the closing price of the registrant’s Class A Common Stock on
June 30, 2009. The registrant does not have any non-voting common equity.
The number of shares of the registrant’s Class A Common Stock outstanding on March 11, 2010
was 48,264,842. The number of shares of the registrant’s Class B Common Stock outstanding on
March 11, 2010 was 975,225.
Portions of the registrant’s Definitive Proxy Statement relating to its 2010 Annual Meeting
of Shareholders are incorporated by reference in Part III of this Form 10-K.
BankAtlantic Bancorp, Inc.
Form 10-K/A
(Amendment No. 1)
Explanatory Note
This amendment to our Annual Report on Form 10-K for the year ended December 31, 2009, as
originally filed with the Securities and Exchange Commission on March 19, 2010, has been filed
solely to include a corrected Consent of PricewaterhouseCoopers LLP, Exhibit 23.1, accurately
reflecting the date of their Report of Independent Registered Public Accounting Firm as March 19,
2010. No other revisions are being made to our financial statements or any other disclosures
contained in our Form 10-K as originally filed. This Form 10-K/A speaks as of the original filing
date of our Form 10-K and does not reflect events that may have occurred subsequent to the original
filing date. Accordingly, this amendment should be read in conjunction with our original Annual
Report on Form 10-K filed on March 19, 2010.
Part IV
Item 15. Exhibits and Financial Statement Schedules
The following exhibits are filed as part of this report:
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Method of |
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Description |
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Filing |
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23.1 |
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Consent of PricewaterhouseCoopers LLP
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Filed herewith |
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31.3 |
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Certification Pursuant to Section 302 of
Sarbanes-Oxley Act— Alan B. Levan
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Filed herewith |
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31.4 |
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Certification Pursuant to Section 302 of
Sarbanes-Oxley Act— Valerie C. Toalson
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Filed herewith |
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