AMERICAN COMMUNITY BANCSHARES, INC.
4500 CAMERON VALLEY PARKWAY, SUITE 150
CHARLOTTE, NC 28211
October 26, 2007
VIA EDGAR AND U.S. MAIL
Mr. John P. Nolan
Accounting Branch Chief
United States Securities and Exchange Commission
100 F. Street, N.E., Mail Stop 4561
Washington, DC 20549
Re: | American Community Bancshares, Inc. | |
| Forms 10-K and 10-K/A for the fiscal year ended December 31, 2006 | ||
| Form 10-Q/A for the quarterly period ended March 31, 2007 | ||
| File No. 000-30517 |
Dear Mr. Nolan:
We have received your letter dated October 17, 2007 regarding the above-referenced filings of American Community Bancshares, Inc., Charlotte, North Carolina (the “Registrant”) pursuant to the Securities Exchange Act of 1934 (the “Exchange Act”).
The numbered paragraphs below correspond to those in your letter dated October 17, 2007.
| 1. | The Registrant has filed a Form 10-K/A which includes the entire text of the items amended by its Form 10-K/A filed on April 20, 2007 and which includes as Exhibits thereto, updated certifications pursuant to Sections 302 and 906 of the Sarbanes-Oxley Act of 2002. |
| 2. | Subsequent to filing its annual report on Form 10-K for the year ended December 31, 2006, the Registrant determined that it did in fact qualify as an accelerated filer as defined in Rule 12b-2 of the Exchange Act. Accordingly, the accelerated filer box on the facing page of the Registrant’s Form 10-K/A was checked. The Registrant has indicated that it is an accelerated filer on the facing page of the Form 10-K/A filed on October 26, 2007. |
| 3. | The Registrant has filed a Form 10-Q/A to file certifications which correct the inadvertent reference to Form 10-K included in the certifications filed as exhibits to the Registrant’s Form 10-Q/A filed with the Commission on June 8, 2007. |
In connection with the Registrant’s to the staff’s comments, the Registrant acknowledges the following:
| • | the Registrant is responsible for the adequacy and accuracy of the disclosure in the filings; |
| • | staff comments or changes to disclosure in response to staff comments do not foreclose the Commission from taking any action with respect to the filings; and |
| • | the Registrant may not assert staff comments as a defense in any proceeding initiated by the Commission or any person under the federal securities laws of the United States. |
We appreciate your assistance in helping the Registrant to enhance the disclosure contained in its filings under the Exchange Act.
Please do not hesitate to contact me at (704) 225-7956 if you have any questions.
Yours very truly, |
AMERICAN COMMUNITY BANCSHARES, INC. |
/s/ Dan R. Ellis, Jr. |
Dan R. Ellis, Jr. |
Senior Vice President and Chief Financial Officer |
