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SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
Date of Report: April 27, 1995
Date of Earliest Event Reported: April 13, 1995
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The New Iberia Bancorp, Inc.
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(Exact name of registrant as specified in its charter)
Louisiana 0-13307 72-0969631
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(State or other (Commission (IRS Employer
jurisdiction of File Number) Identification
incorporation) Number)
800 South Lewis Street, New Iberia, Louisiana 70560
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(Address of principal executive offices) (Zip Code)
(318) 365-6761
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(Registrant's telephone number, including area code)
None
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(Former name or former address, if changed since last report)
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Item 5. Other Events.
Mr. Jules A. Schwing was appointed and confirmed on April 23,
1991 as testamentary executor for the Succession of Jules B. Schwing (the "JBS
Succession") and on September 28, 1993 as executor for the Succession of Marie
Louise Landry Schwing (the "MLLS Succession" and, together with the JBS
Succession, the "Successions"). Collectively, the Successions owned 15,122
shares (30.37%) of common stock of the Corporation prior to a stock split
approved by the shareholders of the Corporation on April 17, 1995; after the
stock split the Successions collectively own 604,880 shares (30.37%) of the
common stock of the Corporation. Since being appointed executor of the
Successions, Jules A. Schwing has exercised voting authority with respect to
the shares of the Corporation owned thereby.
Pursuant to a Joint Motion and Judgment entered on April 13,
1995 in the consolidated Succession proceedings, Jules A. Schwing was to resign
as executor of the Successions, effective April 18, 1995 and upon the issuance
of letters of provisional administration to the new executor. The Joint Motion
and Judgment also states that retired Judge Robert M. Fleming is to be
appointed provisional executor of the Successions, effective upon the
resignation of Jules A. Schwing. On April 19, 1995, an Order was entered in
the consolidated Succession proceedings ordering Jules A. Schwing to resign as
executor of the Successions immediately. On April 21, 1995, provisional
letters testamentary certifying that retired Judge Robert M. Fleming had been
duly appointed and confirmed as provisional executor of the Successions were
issued.
The Joint Motion and Judgment further provides that the common
stock of the Corporation held by the Successions will be voted by the
provisional executor in all matters in accordance with the directions of each
of the six (6) heirs of Jules B. Schwing and Marie Louise Landry Schwing
(except that as to one of the heirs, by his curatrix, who is one of the other
heirs) to whom such shares are attributable on the basis of the underlying
beneficial interest of each. The six (6) heirs of Jules B. Schwing and Marie
Louise Landry Schwing are Jules A. Schwing, Edmond Schwing, John Schwing,
Marie Schwing, Charles Schwing and Susan Schwing (and Marie Schwing is the
curatrix of Charles Schwing). According to the Joint Motion and Judgment, each
heir (other than Charles Schwing and Marie Schwing) may direct the voting of
what was approximately 2,520 shares (5.06%) of common stock of the Corporation
prior to the stock split and is now 100,800 shares (5.06%) of the common stock
of the Corporation and Marie Schwing may direct the voting of what was
approximately 5,040 shares (10.12%) of the Corporation's common stock prior to
the stock split and is now 201,600 shares (10.12%) of the common stock of the
Corporation.
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Each heir (other than Charles Schwing) also beneficially owns
other shares of common stock of the Corporation. Edmond Schwing, John Schwing,
and Marie Schwing each own what was 680 shares (1.37%) of common stock of the
Corporation prior to the stock split and is now 27,200 shares (1.37%) of the
common stock of the Corporation, Jules A. Schwing beneficially owns what was
650 shares (1.31%) of common stock of the Corporation prior to the stock split
and is now 26,000 shares (1.31%) of the common stock of the Corporation and
Susan Schwing beneficially owns what was 893 shares (1.79%) of common stock of
the Corporation prior to the stock split and is now 35,720 shares (1.79%) of
the common stock of the Corporation.
The terms of the will of Jules B. Schwing provide for the
establishment of a trust whereby certain assets owned by Jules B. Schwing
(including the stock of the Corporation) is to be transferred to a trust for
the benefit of the heirs, the trustee of which is designated by the will as The
New Iberia Bank (the Corporation's wholly-owned subsidiary). The Bank has not
accepted the trust or been put in possession of any assets in connection with
that trust. The Corporation is not certain whether the Joint Motion and
Judgment purports to dissolve the trust as to the Corporation's stock.
In the event that the occurrences described above could be
construed as a change in control (or an arrangement the operation of which may
at a subsequent date result in a change in control of the Corporation) within
the meaning of Item 1 of Form 8-K, this filing shall also be deemed to be a
filing pursuant to Item 1, Changes in Control of the Registrant.
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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 hereunto duly authorized.
THE NEW IBERIA BANCORP, INC.
(Registrant)
Date: April 27, 1995 By:___________________________
Ernest Freyou
President
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