**UNITED STATES**

**SECURITIES AND EXCHANGE COMMISSION**

**Washington, D.C. 20549**

 

**FORM 10-K/A**

 

**(Mark One)**

 

**x****     ****ANNUAL REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934**

** **

**- For the fiscal year ended December 31, 2010**

 

**Commission File Number:  000-26995**

 

**HCSB FINANCIAL CORPORATION**

(Name of small business Issuer in its charter)

 

| **South Carolina**                         |   | **57-1079444**      |
|--------------------------------------------|--------|---------------------|
| (State or other jurisdiction               |   | (I.R.S. Employer    |
| of incorporation or organization)          |   | Identification No.) |
|                                       |   |                |
| **3640 Ralph Ellis   Boulevard**           |   |                |
| **Loris, South Carolina**                  |   | **29569**           |
| (Address of principal executive   offices) |   | (Zip Code)          |

 

Issuer’s telephone number: **(843) 756-6333**

 

Securities registered under Section 12(b) of the Exchange Act:  **None**

 

Securities registered under Section 12(g) of the Exchange Act:  **Common Stock**

 

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  ̈ 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 Exchange Act of 1934 during the past 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  ̈

 

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 x 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 statement incorporated by reference in Part III of this Form 10-K or any amendment to this Form 10-K. x

 

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.

 

| Large accelerated filer  ̈             |   | Accelerated filer o         |
|-------------------------------------------------|--------|----------------------------------|
|                                            |   |                             |
| Non-accelerated filer  ̈               |   | Smaller reporting company x |
| (Do not check if a smaller reporting   company) |   |                             |

 

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 estimated aggregate market value of the Common Stock held by non-affiliates (shareholders holding less than 5% of an outstanding class of stock, excluding directors and executive officers) of the Company on June 30, 2010 was $19,072,290.**** See Part II, Item 5 of this Form 10-K for information on the market for the Company’s common stock.

 

The number of shares outstanding of the issuer’s common stock, as of March 1, 2011 was 3,738,337.

 

 

 

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**Explanatory Note**

 

This Amendment No. 1 on Form 10-K/A (“Form 10-K/A”) to the Company’s Annual Report on Form 10-K for the year ended December 31, 2010, initially filed with the Securities Exchange Commission on March 30, 2011 (the “Original Filing”), amends and restates the Signatures page of the Original Filing solely to include the Principal Financial and Accounting Officer as required by General Instruction D(2)(a) of Form 10-K.

 

Except as expressly set forth in this Amendment No. 1, the Original Filing has not been amended, updated or otherwise modified.

 

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**SIGNATURES**

 

In accordance with Section 13 or 15(d) 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.

 
|                       |   | **HCSB   FINANCIAL CORPORATION** |
|----------------------------|--------|----------------------------------|
|                       |   |                             |
| Date: August 31, 2011 | By:    | /s/ James R.   Clarkson          |
|                       |   | James R. Clarkson, President     |
|                       |   | & Chief Executive Officer    |

 

In accordance with the Exchange Act, this report has been signed below by the following persons on behalf of the registrant in the capacities and on the dates indicated.

 

 
|   | *                                                             |   | Date: August 31, 2011 |
|--------|---------------------------------------------------------------|--------|----------------------------|
|   | Michael S. Addy, Director                                     |   |                       |
|   |                                                          |   |                       |
|   | *                                                             |   | Date: August 31, 2011 |
|   | Johnny C. Allen, Director                                     |   |                       |
|   |                                                          |   |                       |
|   | *                                                             |   | Date: August 31, 2011 |
|   | Clay D. Brittain, III, Director                          |   |                       |
|   |                                                          |   |                       |
|   | *                                                             |   | Date: August 31, 2011 |
|   | D. Singleton Bailey, Director                                 |   |                       |
|   |                                                          |   |                       |
|   | *                                                             |   | Date: August 31, 2011 |
|   | Franklin C. Blanton, Director                                 |   |                       |
|   |                                                          |   |                       |
|   | /s/ James R. Clarkson                                         |   | Date: August 31, 2011 |
|   | James R. Clarkson, Director,   President &           |   |                       |
|   | Chief Executive Officer                                       |   |                       |
|   |                                                          |   |                       |
|   | *                                                             |   | Date: August 31, 2011 |
|   | Larry G. Floyd, Director                                      |   |                       |
|   |                                                          |   |                       |
|   | *                                                             |   | Date: August 31, 2011 |
|   | Tommie W. Grainger, Director                                  |   |                       |
|   |                                                          |   |                       |
|   | /s/ Edward L. Loehr, Jr.                                 |   | Date: August 31, 2011 |
|   | Edward L. Loehr, Jr., Chief Financial                    |   |                       |
|   | Officer (Principal Financial &   Accounting Officer) |   |                       |
|   |                                                          |   |                       |
|   | *                                                             |   | Date: August 31, 2011 |
|   | Gwyn G. McCutchen, Director                                   |   |                       |
|   |                                                          |   |                       |
|   | *                                                             |   | Date: August 31, 2011 |
|   | T. Freddie Moore, Director                                    |   |                       |
|   |                                                          |   |                       |
|   | *                                                             |   | Date: August 31, 2011 |
|   | Carroll D. Padgett, Jr., Director                        |   |                       |
|   |                                                          |   |                       |
| *By:   | /s/ James R. Clarkson                                         |   | Date: August 31, 2011 |
|   | James R. Clarkson                                             |   |                       |
|   | Attorney-in-Fact                                              |   |                       |

 

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