Exhibit 32.01
Certification Pursuant To
18 U.S.C. Section 1350,
As Adopted Pursuant To
Section 906 of the Sarbanes-Oxley Act of 2002
In connection with the Annual Report of Capital Bank Corporation (the "Company")
on Form 10-K/A (Amendment No. 2) for the year ended December 31, 2004, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, B. Grant Yarber, President and Chief Executive Officer of the Company
certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the
Sarbanes-Oxley Act of 2002, to my knowledge, that:
(1) The Report fully complies with the requirements of section 13(a) or 15(d)
of the Securities Exchange Act of 1934, as amended; and
(2) The information contained in the Report fairly presents, in all material
respects, the financial condition and result of operations of the Company.
/s/ B. Grant Yarber
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B. Grant Yarber
President and Chief Executive Officer
April 28, 2005
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Date
This Certification is being furnished solely to accompany the Report pursuant to
18 U.S.C. ss.1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002 and shall not be deemed "filed" by the Company for purposes of Section
18 of the Securities Exchange Act of 1934, as amended, and shall not be
incorporated by reference into any filing of the Company under the Securities
Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended,
whether made before or after the date of this Report, irrespective of any
general incorporation language contained in such filing.
A signed original of this written statement required by Section 906 of the
Sarbanes-Oxley Act of 2002 has been provided to the Company and will retained by
the Company and furnished to the Securities and Exchange Commission or its staff
upon request.
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