UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): April 30, 2008
BAYLAKE CORP.
(Exact name of registrant as specified in its charter)
| | |
Wisconsin | 001-16339 | 39-1268055 |
(State or other jurisdiction
of incorporation) | (Commission
File Number) | (IRS Employer
Identification No.) |
| |
217 North Fourth Avenue Sturgeon Bay, Wisconsin |
54235 |
(Address of principal executive offices) | (Zip code) |
(920) 743-5551
(Registrant’s telephone number, including area code)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the Registrant under any of the following provisions:
¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
Item 4.01.
Changes in Registrant’s Certifying Accountant.
On April 30, 2008, Crowe Chizek and Company LLC (“Crowe Chizek”), the independent registered public accounting firm of Baylake Corp. (the “Company”) notified the Company that it will resign as the Company’s independent registered public accounting firm no later than the completion of its review of the Company’s quarterly report on Form 10-Q, for the period ended March 31, 2008.
Crowe Chizek’s reports on the Company’s consolidated financial statements for each of the years ended December 31, 2007 and 2006 did not contain an adverse opinion or disclaimer of opinion, nor were they qualified or modified as to uncertainty, audit scope, or accounting principle.
During the years ended December 31, 2007 and 2006, and the subsequent interim period through April 30, 2008, there were no disagreements between the Company and Crowe Chizek on any matter of accounting principles or practices, financial statement disclosure, or auditing scope or procedure, which disagreements, if not resolved to Crowe Chizek’s satisfaction, would have caused them to make reference to the subject matter of the disagreement in connection with their reports on the financial statements of the Company for such years.
None of the reportable events described in Item 304(a)(1)(v) of Regulation S-K occurred during the years ended December 31, 2007 and 2006 or during the subsequent interim period through April 30, 2008.
The Company has provided Crowe Chizek with a copy of the foregoing disclosures. Attached as Exhibit 16.1 is a letter from Crowe Chizek, dated May 5, 2008, stating its agreement with such statements.
Item 9.01.
Financial Statements and Exhibits.
(d) Exhibits
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| Exhibit No. | Description |
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| 16.1 | Letter of Crowe Chizek and Company LLC regarding change in independent registered public accounting firm. |
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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.
Dated: May 5, 2008
BAYLAKE CORP.
By: /s/ Kevin L. LaLuzerne
Kevin L. LaLuzerne
Executive Vice President and Chief Financial
Officer
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EXHIBIT INDEX
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Exhibit No. | Description |
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16.1 | Letter of Crowe Chizek and Company LLC regarding change in independent registered public accounting firm. |
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