SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549

FORM 10-Q/A
AMENDMENT NO. 1
(Mark One)

x Quarterly report pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

For the quarterly period ended                                                                         June 30, 2009

o Transition report pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

Commission file number: 0-27702

Bank of South Carolina Corporation
(Exact name of registrant issuer as specified in its charter)

South Carolina
 
57-1021355
(State or other jurisdiction of
 
(IRS Employer
incorporation or organization)
 
Identification Number)

256 Meeting Street, Charleston, SC 29401
(Address of principal executive offices)

(843) 724-1500
(Registrant’s telephone number)

Indicate by check mark whether the issuer (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 Company Web site, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files).
Yes x      No  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.

Large accelerated filer
o
Accelerated Filer
o
Non-accelerated filer
o
Smaller reporting Company
x

Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act). Yes o No x
 
As of June 30, 2009 there were 4,002,272 Common Shares outstanding.

 

 

Explanatory Note

This Amendment No. 1 on Form 10-Q/A amends the Company’s Quarterly Report on Form 10-Q for the quarter ended June 30, 2009, filed with the Securities and Exchange Commission on August 7, 2009 (“Original Form 10-Q”), and is being filed to include the disclosure required by Item 4 of Part II of Form 10-Q which was inadvertently omitted from the Original Form 10-Q.

This Amendment does not reflect events occurring after the filing of the Form 10-Q or modify or update those disclosures as affected by subsequent events.  Except as described above, no other modifications or changes have been made to the Form 10-Q as originally filed or the Exhibits filed therewith.  Other events occurring after the filing of the Form 10-Q or other disclosures necessary to reflect subsequent events have been addressed in the Company’s reports filed with the Securities and Exchange Commission subsequent to the filing of the Form 10-Q.

PART II OTHER INFORMATION

Item 4.  Submission of Matters to a Vote of Security Holders
On April 14, 2009, Bank of South Carolina Corporation held its 2009 Annual Meeting of Shareholders.  There were two matters submitted to a vote of shareholders at that meeting.  The following describes the matters voted upon at the 2009 Annual Meeting of Shareholders and sets forth the number of votes cast for and cast against or withheld.

For Proposal No. 1 The following seventeen directors were elected at the meeting:

Votes
 
For
 
Against or Withheld
David W. Bunch
 
3,398,618
 
22,387
C. Ronald Coward
 
3,399,505
 
21,500
Graham M. Eubank, Jr.
 
3,401,467
 
19,538
Fleetwood S. Hassell
 
3,406,537
 
14,468
Glen B. Haynes, DVM
 
3,407,080
 
13,925
William L. Hiott, Jr.
 
3,406,830
 
14,175
Katherine M. Huger
 
3,406,377
 
14,628
Richard W. Hutson, Jr.
 
3,358,581
 
62,424
Charles G. Lane
 
3,406,830
 
14,175
Hugh C. Lane, Jr.
 
3,407,048
 
13,957
Louise J. Maybank
 
3,406,590
 
14,410
Linda J. Bradley McKee, PHD, CPA
 
3,401,174
 
19,831
Alan I. Nussbaum, MD
 
3,401,174
 
19,831
Edmund Rhett, Jr.
 
3,407,005
 
14,000
Malcolm M. Rhodes, MD
 
3,403,743
 
17,202
David R. Schools
 
3,401,467
 
19,538
Thomas C. Stevenson, III
 
3,407,080
 
13,925

For Proposal No. 2 The resolution for ratification of the appointment of Elliott Davis, LLC as the Company’s Independent Registered Public Accounting Firm passed with 3,409,950 votes for and 11,055 votes against or withheld.

No other matters were submitted to the security holders for a vote during the three months ended June 30, 2009.

 
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SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized.

 
BANK OF SOUTH CAROLINA CORPORATION
     
February 3, 2010
   
 
BY: 
/s/Hugh C. Lane, Jr.
   
  Hugh C. Lane, Jr.
   
  President and Chief Executive Officer
     
     
 
BY: 
/s/William L. Hiott, Jr.
   
  William L. Hiott, Jr.
   
  Executive Vice President & Treasurer
 
 
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