ESBS / ES Bancshares, Inc. - SEC-arkiveringar, Årsredovisning, Fullmaktsutlåtande

ES Bancshares, Inc.
US ˙ OTCPK

Grundläggande statistik
CIK 1358254
SEC Filings
All companies that sell securities in the United States must register with the Securities and Exchange Commission (SEC) and file reports on a regular basis. These reports include company annual reports (10K, 10Q), news updates (8K), investor presentations (found in 8Ks), insider trades (form 4), ownership reports (13D, and 13G), and reports related to the specific securities sold, such as registration statements and prospectus. This page shows recent SEC filings related to ES Bancshares, Inc.
SEC Filings (Chronological Order)
Denna sida innehåller en komplett, kronologisk lista över SEC-arkiveringar, exklusive ägande-arkiveringar som vi tillhandahåller på andra ställen.
February 8, 2024 SC 13G/A

ESBS / ES Bancshares, Inc. / BANC FUNDS CO LLC - NONE Passive Investment

SC 13G/A 1 doc1.htm NONE UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 (Amendment No. 1)* ES Bancshares, Inc. (Name of Issuer) Common Stock (Title of Class of Securities) 296049109 (CUSIP Number) December 31, 2023 (Date of Event Which Requires Filing of this Statement) Check the appropriate box to designate the rule p

February 6, 2023 SC 13G/A

ESBS / ES Bancshares, Inc. / BANC FUNDS CO LLC - NONE Passive Investment

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 (Amendment No. 1)* ES Bancshares, Inc. (Name of Issuer) Common Stock (Title of Class of Securities) 296049109 (CUSIP Number) December 31, 2022 (Date of Event Which Requires Filing of this Statement) Check the appropriate box to designate the rule pursuant to which this Sch

February 8, 2022 SC 13G/A

ESBS / ES Bancshares, Inc. / BANC FUNDS CO LLC - NONE Passive Investment

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 (Amendment No. 1)* ES Bancshares, Inc. (Name of Issuer) Common Stock (Title of Class of Securities) 296049109 (CUSIP Number) December 31, 2021 (Date of Event Which Requires Filing of this Statement) Check the appropriate box to designate the rule pursuant to which this Sch

February 11, 2021 SC 13G

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 (Amendment No. n/a )* ES Bancshares, Inc. (Name of Issuer) Common Stock (Title of Class of Securities) (CUSIP Number) Decem

Schedule 13G UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 (Amendment No. n/a )* ES Bancshares, Inc. (Name of Issuer) Common Stock (Title of Class of Securities) 296049109 (CUSIP Number) December 31, 2020 (Date of Event Which Requires Filing of this Statement) Check the appropriate box to designate the rule pursuant t

May 22, 2012 8-K

Submission of Matters to a Vote of Security Holders - FORM 8-K

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): May 17, 2012 ES BANCSHARES, INC. (Exact Name of Registrant as Specified in its Charter) Maryland 000-52178 20-4663714 (State or Other Jurisdiction) (Commission File No.) (I.R.S. Emplo

May 14, 2012 10-Q

Quarterly Report - FORM 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 10-Q QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended March 31, 2012 ES BANCSHARES, INC.

May 14, 2012 8-K

Financial Statements and Exhibits, Other Events - FORM 8-K

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): May 14, 2012 ES Bancshares, Inc. (Exact Name of Registrant as Specified in its Charter) Maryland 000-52178 20-4663714 (State or Other Jurisdiction of Incorporation) (Commission File N

May 14, 2012 15-12G

- FORM 15-12G

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 FORM 15 Certification and Notice of Termination of Registration under Section 12(g) of the Securities Exchange Act of 1934 or Suspension of Duty to File Reports Under Sections 13 and 15(d) of the Securities Exchange Act of 1934. Commission File Number 000-52178 ES Bancshares, Inc. (Exact name of registrant as specified in its

May 14, 2012 POS AM

- POST-EFFECTIVE AMENDMENT NO. 4

Registration No. 333-141996 As filed with the Securities and Exchange Commission on May 14, 2012 UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 POST-EFFECTIVE AMENDMENT NO. 4 TO FORM S-3 REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933 ES Bancshares, Inc. (Exact Name of Registrant as specified in its Charter) Maryland (State or Other Jurisdiction of Incorporation or

April 20, 2012 DEF 14A

- SCHEDULE 14A

SCHEDULE 14A (Rule 14A-101) INFORMATION REQUIRED IN PROXY STATEMENT SCHEDULE 14A INFORMATION Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 Filed by the Registrant x Filed by a Party other than the Registrant o Check the appropriate box: o Preliminary Proxy Statement o Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2)) x Definitive Proxy Statement o Definitive Additional Materials o Soliciting Material Pursuant to Rule 14a-11(c) or Rule 14a-12.

April 10, 2012 8-K

Financial Statements and Exhibits, Other Events

8-K 1 esbanc8k-032812.htm CURRENT REPORT 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): March 28, 2012 ES Bancshares, Inc. (Exact Name of Registrant as Specified in its Charter) Maryland 000-52178 20-4663714 (State or Other Jurisd

March 30, 2012 10-K

Annual Report - FORM 10-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K [X] ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the Fiscal Year Ended December 31, 2011 OR [ ] TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission File Number: 000-52178 ES Bancshares, Inc. (

March 30, 2012 EX-21

SUBSIDIARIES OF THE REGISTRANT SUBSIDIARIES OF THE REGISTRANT

EXHIBIT 21 SUBSIDIARIES OF THE REGISTRANT SUBSIDIARIES OF THE REGISTRANT Subsidiary Ownership State of Incorporation Empire State Bank 100% New York Empire Lockbox Settlements, Inc. 100% New York

March 23, 2012 8-K

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Financial Statements and Exhibits - FORM 8-K

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): March 20, 2012 ES Bancshares, Inc. (Exact Name of Registrant as Specified in its Charter) Maryland 000-52178 20-4663714 (State or Other Jurisdiction of Incorporation) (Commission File

February 9, 2012 EX-10.1

SUBSCRIPTION AGREEMENT ES BANCSHARES, INC. COMMON SHARES, PAR VALUE $0.01 PER SHARE

EX-10.1 2 ex10-1.htm SUBSCRIPTION AGREEMENT Exhibit 10.1 SUBSCRIPTION AGREEMENT for ES BANCSHARES, INC. COMMON SHARES, PAR VALUE $0.01 PER SHARE THE COMMON SHARES (“COMMON SHARES”) REFERRED TO HEREIN HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (“SECURITIES ACT”), AND ARE BEING OFFERED AND SOLD IN RELIANCE UPON AN EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE SECURIT

February 9, 2012 8-K

Entry into a Material Definitive Agreement, Unregistered Sales of Equity Securities, Financial Statements and Exhibits - CURRENT REPORT

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): February 9, 2012 ES Bancshares, Inc. (Exact Name of Registrant as Specified in its Charter) Maryland 000-52178 20-4663714 (State or Other Jurisdiction of Incorporation) (Commission Fi

November 10, 2011 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 10-Q QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended September 30, 2011 ES BANCSHARES, INC. (Exact name of sma

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 10-Q QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended September 30, 2011 ES BANCSHARES, INC.

August 12, 2011 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 10-Q QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended June 30, 2011 ES BANCSHARES, INC. (Exact name of small bu

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 10-Q QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended June 30, 2011 ES BANCSHARES, INC.

June 24, 2011 8-K

Financial Statements and Exhibits, Other Events

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): June 20, 2011 ES Bancshares, Inc. (Exact Name of Registrant as Specified in its Charter) Maryland 000-52178 20-4663714 (State or Other Jurisdiction of Incorporation) (Commission File

May 11, 2011 8-K

Submission of Matters to a Vote of Security Holders

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): May 5, 2011 ES BANCSHARES, INC. (Exact Name of Registrant as Specified in its Charter) Maryland 000-52178 20-4663714 (State or Other Jurisdiction) (Commission File No.) (I.R.S. Employ

May 9, 2011 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 10-Q QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended March 31, 2011 ES BANCSHARES, INC. (Exact name of small b

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 10-Q QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended March 31, 2011 ES BANCSHARES, INC.

April 15, 2011 EX-99

ES Bancshares Reports 2010 Net Income of $488,000 2010 EPS Grows to $0.23

EX-99 2 ex99.htm EXHIBIT 99 Exhibit 99 ES Bancshares, Inc. Investor/Media Contact: 68 North Plank Road Thomas Sperzel Newburgh, New York 12550 Chief Financial Officer (845) 451-7811 ES Bancshares Reports 2010 Net Income of $488,000 2010 EPS Grows to $0.23 Newburgh, NY – April 13, 2011– ES Bancshares, Inc. (OTCBB:ESBS), the holding company for Empire State Bank, today announced net income of $488,0

April 15, 2011 8-K

Financial Statements and Exhibits, Results of Operations and Financial Condition

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 13, 2011 ES Bancshares, Inc. (Exact Name of Registrant as Specified in its Charter) Maryland 000-52178 20-4663714 (State or Other Jurisdiction of Incorporation) (Commission File

April 7, 2011 DEF 14A

SCHEDULE 14A (Rule 14A-101) INFORMATION REQUIRED IN PROXY STATEMENT SCHEDULE 14A INFORMATION Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934

SCHEDULE 14A (Rule 14A-101) INFORMATION REQUIRED IN PROXY STATEMENT SCHEDULE 14A INFORMATION Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 Filed by the Registrant x Filed by a Party other than the Registrant o Check the appropriate box: o Preliminary Proxy Statement o Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2)) x Definitive Proxy Statement o Definitive Additional Materials o Soliciting Material Pursuant to Rule 14a-11(c) or Rule 14a-12.

March 30, 2011 EX-21.1

SUBSIDIARIES OF THE REGISTRANT Subsidiary Ownership State of Incorporation Empire State Bank 100% New York

Exhibit 21.1 SUBSIDIARIES OF THE REGISTRANT Subsidiary Ownership State of Incorporation Empire State Bank 100% New York

March 30, 2011 10-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K x ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the Fiscal Year Ended December 31, 2010

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K x ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the Fiscal Year Ended December 31, 2010 OR o TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission File Number: 000-52178 ES Bancshares, Inc. (Exac

December 17, 2010 EX-10.1

SUBSCRIPTION AGREEMENT ES BANCSHARES, INC. COMMON SHARES, PAR VALUE $0.01 PER SHARE

EX-10.1 2 form8kexh101-121710.htm SUBSCRIPTION AGREEMENT SUBSCRIPTION AGREEMENT for ES BANCSHARES, INC. COMMON SHARES, PAR VALUE $0.01 PER SHARE THE COMMON SHARES (“COMMON SHARES”) REFERRED TO HEREIN HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (“SECURITIES ACT”), AND ARE BEING OFFERED AND SOLD IN RELIANCE UPON AN EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE SECURIT

December 17, 2010 8-K

Entry into a Material Definitive Agreement, Unregistered Sales of Equity Securities, Financial Statements and Exhibits

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): December 17, 2010 ES Bancshares, Inc. (Exact Name of Registrant as Specified in its Charter) Maryland 000-52178 20-4663714 (State or Other Jurisdiction of Incorporation) (Commission F

November 12, 2010 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 10-Q QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended September 30, 2010 ES BANCSHARES, INC. (Exact name of sma

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 10-Q QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended September 30, 2010 ES BANCSHARES, INC.

November 1, 2010 8-K

Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers, Financial Statements and Exhibits

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): October 21, 2010 ES Bancshares, Inc. (Exact Name of Registrant as Specified in its Charter) Maryland 000-52178 20-4663714 (State or Other Jurisdiction of Incorporation) (Commission Fi

August 12, 2010 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 10-Q QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended June 30, 2010 ES BANCSHARES, INC. (Exact name of small bu

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 10-Q QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended June 30, 2010 ES BANCSHARES, INC.

May 5, 2010 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 10-Q QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended March 31, 2010 ES BANCSHARES, INC. (Exact name of small b

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 10-Q QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended March 31, 2010 ES BANCSHARES, INC.

April 9, 2010 DEF 14A

SCHEDULE 14A (Rule 14A-101) INFORMATION REQUIRED IN PROXY STATEMENT SCHEDULE 14A INFORMATION Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934

DEF 14A 1 ddef14a.htm DEFINITIVE PROXY STATEMENT SCHEDULE 14A (Rule 14A-101) INFORMATION REQUIRED IN PROXY STATEMENT SCHEDULE 14A INFORMATION Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 Filed by the Registrant x Filed by a Party other than the Registrant ¨ Check the appropriate box: ¨ Preliminary Proxy Statement ¨ Confidential, for Use of the Commission Only (a

April 8, 2010 10-K/A

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K /A (Amendment No. 1)

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K /A (Amendment No. 1) x ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the Fiscal Year Ended December 31, 2009 OR o TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission File Number: 000-52178 ES B

March 30, 2010 10-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K x ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the Fiscal Year Ended December 31, 2009 OR o TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission File Number: 000-52178 ES Bancshares, Inc. (Exac

March 30, 2010 EX-21

SUBSIDIARIES OF THE REGISTRANT Subsidiary Ownership State of Incorporation Empire State Bank 100% New York

EX-21 2 ex21.htm SUBSIDIARIES EXHIBIT 21 SUBSIDIARIES OF THE REGISTRANT Subsidiary Ownership State of Incorporation Empire State Bank 100% New York

November 13, 2009 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 10-Q QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended September 30, 2009 ES BANCSHARES, INC. (Exact name of sma

10-Q 1 esbanc10q-093009.htm FORM 10-Q UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 10-Q QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended September 30, 2009 ES BANCSHARES, INC. (Exact name of small business issuer as specified in its charter) MARYLAND 20-4663714 (State or other jurisdiction of (I.R.S. Empl

May 20, 2009 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 10-Q QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended March 31, 2009 ES BANCSHARES, INC. (Exact name of small b

Form 10-Q Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 10-Q QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended March 31, 2009 ES BANCSHARES, INC.

April 14, 2009 DEF 14A

SCHEDULE 14A (Rule 14A-101) INFORMATION REQUIRED IN PROXY STATEMENT SCHEDULE 14A INFORMATION Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934

SCHEDULE 14A (Rule 14A-101) INFORMATION REQUIRED IN PROXY STATEMENT SCHEDULE 14A INFORMATION Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 Filed by the Registrant x Filed by a Party other than the Registrant ¨ Check the appropriate box: ¨ Preliminary Proxy Statement ¨ Confidential, for Use of the Commission Only (as permitted by Rule 14a-6(e)(2)) x Definitive Proxy Statement ¨ Definitive Additional Materials ¨ Soliciting Material Pursuant to Rule 14a-11(c) or Rule 14a-12.

March 31, 2009 EX-21

SUBSIDIARIES OF THE REGISTRANT

EX-21 2 ex21.htm EXHIBIT 21 EXHIBIT 21 SUBSIDIARIES OF THE REGISTRANT SUBSIDIARIES OF THE REGISTRANT Subsidiary Ownership State of Incorporation Empire State Bank 100% New York

March 31, 2009 10-K

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K x ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the Fiscal Year Ended December 31, 2008 OR o TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission File Number: 000-52178 ES Bancshares, Inc. (Exac

October 28, 2008 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 10-Q QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended September 30, 2008 ES BANCSHARES, INC. (Exact name of sma

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 10-Q QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended September 30, 2008 ES BANCSHARES, INC.

October 1, 2008 POS AM

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 POST EFFECTIVE AMENDMENT NO. 3 FORM S-3 REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933 ES Bancshares, Inc. (Exact Name of Registrant as specified in its Charter) (State

Post Effective Amendment No. 3 to Form S-3 As filed with the Securities and Exchange Commission on October 1, 2008 Registration No. 333-141996 UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 POST EFFECTIVE AMENDMENT NO. 3 TO FORM S-3 REGISTRATION STATEMENT UNDER THE SECURITIES ACT OF 1933 ES Bancshares, Inc. (Exact Name of Registrant as specified in its Charter) Maryland (S

October 1, 2008 EX-99.1

[ES Bancshares, Inc Logo]

Exhibit 99.1 [ES Bancshares, Inc Logo] , 2008 RE: Revised Warrant Exercise Kit Dear ES Bancshares, Inc. Warrant Holder: Set forth below is important information regarding your Common Stock Purchase Warrants in ES Bancshares, Inc: I. Modification of Common Stock Purchase Warrants We previously announced that, ES Bancshares, Inc. (?ES Bancshares?) modified the terms of the ES Bancshares Common Stock

August 14, 2008 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 10-Q QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended June 30, 2008 ES BANCSHARES, INC. (Exact name of small bu

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 10-Q QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended June 30, 2008 ES BANCSHARES, INC.

June 26, 2008 CORRESP

ES Bancshares, Inc. 68 North Plank Road Newburgh, New York 12550

ES Bancshares, Inc. 68 North Plank Road Newburgh, New York 12550 June 26, 2008 VIA FACSIMILE AND EDGAR (202) 772-9208 Securities and Exchange Commission 100 F Street, N.E. Washington, D.C. 20549 Re: ES Bancshares, Inc. Post Effective Amendment to Registration Statement on Form S-3 (Registration Number 333-141996) Request for Acceleration of Effectiveness Ladies and Gentlemen: ES Bancshares, Inc. (

June 26, 2008 COVER

LUSE GORMAN POMERENK & SCHICK A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 5335 WISCONSIN AVENUE, N.W., SUITE 400 WASHINGTON, D.C. 20015 TELEPHONE (202) 274-2000 FACSIMILE (202) 362-2902 WRITER’S DIRECT DIAL NUMBER WRITER’S EMAIL (202) 274-2029 kweiss

LUSE GORMAN POMERENK & SCHICK A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 5335 WISCONSIN AVENUE, N.

June 26, 2008 POS AM

As filed with the Securities and Exchange Commission on June 26, 2008

Table of Contents As filed with the Securities and Exchange Commission on June 26, 2008 Registration No.

June 13, 2008 EX-99.2

EXCHANGE AGENT AGREEMENT

Form of Exchange Agent Agreement Exhibit 99.2 EXCHANGE AGENT AGREEMENT Date: , 2008 American Stock Transfer & Trust Company 59 Maiden Lane New York, NY 10038 Ladies and Gentlemen: In connection with the modification (“Warrant Modifications”) of certain of the terms of the common stock purchase warrants (“Warrants”) of ES Bancshares, Inc. (the “Company”) whereby all of the Warrant Certificates of t

June 13, 2008 EX-99.1

[ES Bancshares, Inc Logo]

EX-99.1 3 dex991.htm LETTER REGARDING INSTRUCTIONS FOR THE EXCHANGE Exhibit 99.1 [ES Bancshares, Inc Logo] , 2008 RE: Good News Regarding Your Warrants Dear ES Bancshares, Inc. Warrant Holder: Set forth below is important information regarding your Common Stock Purchase Warrants in ES Bancshares, Inc: I. Modification of Common Stock Purchase Warrants I am pleased to announce that, effective , 2008

June 13, 2008 POS AM

As filed with the Securities and Exchange Commission on June 13, 2008

Table of Contents As filed with the Securities and Exchange Commission on June 13, 2008 Registration No.

May 14, 2008 10-Q

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 10-Q QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended March 31, 2008 ES BANCSHARES, INC. (Exact name of small b

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 10-Q QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended March 31, 2008 ES BANCSHARES, INC.

April 7, 2008 DEF 14A

SCHEDULE 14A (Rule 14A-101) INFORMATION REQUIRED IN PROXY STATEMENT SCHEDULE 14A INFORMATION Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934

DEF 14A 1 ddef14a.htm DEFINITIVE NOTICE & PROXY STATEMENT SCHEDULE 14A (Rule 14A-101) INFORMATION REQUIRED IN PROXY STATEMENT SCHEDULE 14A INFORMATION Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 Filed by the Registrant x Filed by a Party other than the Registrant ¨ Check the appropriate box: ¨ Preliminary Proxy Statement ¨ Confidential, for Use of the Commissio

March 31, 2008 EX-10.6

EMPIRE STATE BANK, N.A. 2004 STOCK OPTION PLAN NON-STATUTORY STOCK OPTION AGREEMENT (OUTSIDE DIRECTOR)

EXHIBIT 10.6 EMPIRE STATE BANK, N.A. 2004 STOCK OPTION PLAN NON-STATUTORY STOCK OPTION AGREEMENT (OUTSIDE DIRECTOR) A. Stock options (“Options”) for a total of 5,000 shares of Common Stock, par value $5.00 per share, of Empire State Bank, N.A. (the “Association”) are hereby granted to (the “Participant”). The grant and terms of the Options shall be subject in all respects to the Empire State Bank,

March 31, 2008 10KSB

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 10-KSB

10KSB 1 form10-ksb15777.htm FORM 10-KSB DATED DECEMBER 31, 2007 UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 10-KSB [X] ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2007 ES BANCSHARES, INC. (Exact Name of Registrant as Specified in its Charter) Maryland 20-4663714 (State or other jurisdicti

March 31, 2008 EX-10.5

EMPIRE STATE BANK, N.A. 2004 STOCK OPTION PLAN STOCK OPTION AGREEMENT

EX-10.5 2 exh10-515777.htm STOCK OPTION PLAN - EMPLOYEE EXHIBIT 10.5 EMPIRE STATE BANK, N.A. 2004 STOCK OPTION PLAN STOCK OPTION AGREEMENT (EMPLOYEE) A. Stock options (“Options”) for a total of shares of Common Stock, par value $5.00 per share, of Empire State Bank, N.A. (the “Association”) are hereby granted to (the “Participant”). The grant and terms of the Options shall be subject in all respec

November 8, 2007 10QSB

UNITED STATES SECURITIES AND EXCHANGE COMISSION WASHINGTON, DC 20549 FORM 10-QSB QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended September 30, 2007 ES BANCSHARES, INC. (Exact name of sm

UNITED STATES SECURITIES AND EXCHANGE COMISSION WASHINGTON, DC 20549 FORM 10-QSB QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended September 30, 2007 ES BANCSHARES, INC.

August 13, 2007 10QSB

UNITED STATES SECURITIES AND EXCHANGE COMISSION WASHINGTON, DC 20549 FORM 10-QSB QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended June 30, 2007 ES BANCSHARES, INC. (Exact name of small b

UNITED STATES SECURITIES AND EXCHANGE COMISSION WASHINGTON, DC 20549 FORM 10-QSB QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended June 30, 2007 ES BANCSHARES, INC.

May 15, 2007 10QSB

UNITED STATES SECURITIES AND EXCHANGE COMISSION WASHINGTON, DC 20549 FORM 10-QSB QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended March 31, 2007 ES BANCSHARES, INC. (Exact name of small

UNITED STATES SECURITIES AND EXCHANGE COMISSION WASHINGTON, DC 20549 FORM 10-QSB QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended March 31, 2007 ES BANCSHARES, INC.

April 19, 2007 8-K

Material Modification to Rights of Security Holders, Financial Statements and Exhibits

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 15, 2007 ES BANCSHARES, INC. (Exact Name of Registrant as Specified in its Charter) Maryland 000-52178 20-4663714 (State or other jurisdiction of incorporation) (Commission File

April 19, 2007 EX-3.1

ES BANCSHARES, INC. COMMON STOCK PURCHASE WARRANT ELECTION TO PURCHASE

Form of Warrant Certificate Exhibit 3.1 Common Stock Purchase Warrant No. Unless Extended By The Company This Warrant Expires Warrants At 5:00 P.M., New York Time on June 28, 2008 ES BANCSHARES, INC. COMMON STOCK PURCHASE WARRANTS ORGANIZED UNDER THE LAWS OF THE STATE OF Maryland CUSIP : THIS CERTIFIES THAT: IS THE OWNER OF Common Stock Purchase Warrants, each of which entitles the owner thereof t

April 19, 2007 EX-99.1

ES Bancshares, Inc. Announces Reduction in Exercise Price and Extension of Term of Common Stock Purchase Warrants

EX-99.1 3 dex991.htm PRESS RELEASE Exhibit 99.1 Contact: Anthony P. Costa FOR IMMEDIATE RELEASE Chairman and Chief Executive Officer (866) 646-0003 Press Release dated April 19, 2007 ES Bancshares, Inc. Announces Reduction in Exercise Price and Extension of Term of Common Stock Purchase Warrants Newburgh, New York– (April 19, 2007) ES Bancshares, Inc. (the “Company”) (OTCBB: ESBS) announced today

April 12, 2007 DEF 14A

SCHEDULE 14A (Rule 14A-101) INFORMATION REQUIRED IN PROXY STATEMENT SCHEDULE 14A INFORMATION Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934

DEF 14A 1 ddef14a.htm DEFINITIVE NOTICE AND PROXY STATEMENT SCHEDULE 14A (Rule 14A-101) INFORMATION REQUIRED IN PROXY STATEMENT SCHEDULE 14A INFORMATION Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934 Filed by the Registrant x Filed by a Party other than the Registrant ¨ Check the appropriate box: ¨ Preliminary Proxy Statement ¨ Confidential, for Use of the Commiss

April 10, 2007 EX-99.1

[ES Bancshares, Inc Logo]

Letter regarding instructions for the exchange of Common Stock Purchase Warrant [ES Bancshares, Inc Logo] , 2007 RE: Good News Regarding Your Warrants Dear ES Bancshares, Inc.

April 10, 2007 EX-4.3

Common Stock Purchase Warrant Unless Extended By The Company This Warrant Expires At 5:00 P.M., New York Time on June 28, 2008

Form of Common Stock Purchase Warrant Exhibit 4.3 No. Common Stock Purchase Warrant Unless Extended By The Company This Warrant Expires At 5:00 P.M., New York Time on June 28, 2008 Warrants ES Bancshares, Inc. COMMON STOCK PURCHASE WARRANTS ORGANIZED UNDER THE LAWS OF THE STATE OF MARYLAND CUSIP : THIS CERTIFIES THAT: IS THE OWNER OF Common Stock Purchase Warrants, each of which entitles the owner

April 10, 2007 S-3

As filed with the Securities and Exchange Commission on April 10, 2007

Table of Contents As filed with the Securities and Exchange Commission on April 10, 2007 Registration No.

March 29, 2007 10KSB

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 10-KSB

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 10-KSB [X] ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31, 2006 ES BANCSHARES, INC.

November 14, 2006 EX-3.1

ARTICLES OF INCORPORATION ES BANCSHARES, INC.

EXHIBIT 3.1 ARTICLES OF INCORPORATION OF ES BANCSHARES, INC. The undersigned, Kip A. Weissman, whose address is 5335 Wisconsin Avenue, N.W., Suite 400, Washington, DC 20015, being at least eighteen years of age, acting as incorporator, does hereby form a corporation under the general laws of the State of Maryland, having the following Articles of Incorporation (the “Articles”): ARTICLE 1. Name. Th

November 14, 2006 EX-3.2

BYLAWS ES BANCSHARES, INC. ARTICLE I

EXHIBIT 3.2 BYLAWS OF ES BANCSHARES, INC. ARTICLE I STOCKHOLDERS Section 1. Annual Meeting. The Corporation shall hold an annual meeting of its stockholders to elect directors and to transact any other business within its powers on the last day of April of each year, or on a date within thirty-one (31) days of the last day of April of each year, to be designated by the Board of Directors. Except a

November 14, 2006 10QSB

UNITED STATES SECURITIES AND EXCHANGE COMISSION WASHINGTON, DC 20549 FORM 10-QSB QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended September 30, 2006 ES BANCSHARES, INC. (Exact name of re

UNITED STATES SECURITIES AND EXCHANGE COMISSION WASHINGTON, DC 20549 FORM 10-QSB QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended September 30, 2006 ES BANCSHARES, INC.

August 14, 2006 8-A12G

SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-A FOR REGISTRATION OF CERTAIN CLASSES OF SECURITIES PURSUANT TO SECTION 12(b) OR (g) OF THE SECURITIES EXCHANGE ACT OF 1934 ES Bancshares, Inc. (Exact Name of Registrant as Specified in

SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-A FOR REGISTRATION OF CERTAIN CLASSES OF SECURITIES PURSUANT TO SECTION 12(b) OR (g) OF THE SECURITIES EXCHANGE ACT OF 1934 ES Bancshares, Inc. (Exact Name of Registrant as Specified in Its Charter) Maryland 20-4663714 (State of Incorporation or Organization) (I.R.S. Employer Identification No.) 68 North Plank Road Newburgh, New York

August 14, 2006 10QSB

UNITED STATES SECURITIES AND EXCHANGE COMISSION WASHINGTON, DC 20549 FORM 10-QSB QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended June 30, 2006 ES BANCSHARES, INC. (Exact name of registr

UNITED STATES SECURITIES AND EXCHANGE COMISSION WASHINGTON, DC 20549 FORM 10-QSB QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended June 30, 2006 ES BANCSHARES, INC.

August 14, 2006 EX-99.1

Empire State Bank, National Association Form 10-QSB for the quarterly period ended June 30, 2006 OFFICE OF THE COMPTROLLER OF THE CURRENCY WASHINGTON, DC 20219 FORM 10-QSB QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1

EXHIBIT 99.1 Empire State Bank, National Association Form 10-QSB for the quarterly period ended June 30, 2006 OFFICE OF THE COMPTROLLER OF THE CURRENCY WASHINGTON, DC 20219 FORM 10-QSB QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the quarterly period ended June 30, 2006 EMPIRE STATE BANK, NATIONAL ASSOCIATION (Exact name of small business issuer as specifie

August 14, 2006 8-K

Other Events, Financial Statements and Exhibits

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): August 14, 2006 ES BANCSHARES, INC. (Exact Name of Registrant as Specified in its Charter) Maryland 000-52178 20-4663714 (State or Other Jurisdiction of Incorporation) (Commission Fil

August 14, 2006 EX-16

ES Bancshares, Inc. Code of Business Conduct and Ethics

EXHIBIT 16 ES Bancshares, Inc. Code of Business Conduct and Ethics Section 1 - Overview 1.1 Purpose of the Code This Code of Business Conduct and Ethics (“Code”) is intended to deter wrongdoing and promote: · Honest and ethical conduct, including the ethical handling of actual or apparent conflicts of interest between personal and professional relationships; · Full, fair, accurate timely and under

May 16, 2006 EX-99

REVOCABLE CERTIFICATION AND CONSENT THIS CERTIFICATION AND CONSENT IS SOLICITED ON BEHALF OF THE BOARD OF DIRECTORS Empire State Bank, N.A.

Exhibit 99.2 REVOCABLE CERTIFICATION AND CONSENT THIS CERTIFICATION AND CONSENT IS SOLICITED ON BEHALF OF THE BOARD OF DIRECTORS Empire State Bank, N.A. CONSENT: The undersigned hereby consents to the following: The adoption of the Agreement and Plan of Share Exchange dated (the “Plan”) pursuant to which Empire State Bank (the “Bank”) will become a wholly-owned subsidiary of ES Bancshares, Inc. (t

May 16, 2006 EX-99

Empire State Bank, N.A. ANNUAL MEETING OF STOCKHOLDERS June 19 , 2006

Exhibit 99.1 - REVOCABLE PROXY Exhibit 99.1 REVOCABLE PROXY REVOCABLE PROXY Empire State Bank, N.A. ANNUAL MEETING OF STOCKHOLDERS June 19 , 2006 The undersigned hereby appoints the Proxy Committee of the Board of Directors of Empire State Bank, N.A. (the "Bank") with full powers of substitution, to act as attorneys and proxies for the undersigned to vote all shares of capital stock of the Bank wh

May 16, 2006 EX-4

ORGANIZER’S WARRANT AGREEMENT TO PURCHASE

Exhibit 4.3 W- Newburgh, New York ORGANIZER?S WARRANT AGREEMENT TO PURCHASE COMMON STOCK OF EMPIRE STATE BANK, NA This is to certify that, FOR VALUE RECEIVED, the undersigned (the ?Holder?), in exchange for the surrender of warrant No. (the ?Prior Warrant?) to purchase shares of the common stock of Empire State Bank, N.A., a national banking association (the ?Bank?), is entitled to purchase, subje

May 16, 2006 CORRESP

[Luse Gorman Pomerenk & Schick Letterhead] May 16, 2006

[Luse Gorman Pomerenk & Schick Letterhead] May 16, 2006 Via EDGAR Mr. Mark Webb Legal Branch Chief Division of Corporate Finance U.S. Securities and Exchange Commission 100 F Street, NE Washington, DC 20549> RE: ES Bancshares, Inc. Registration Statement on Form S-4 File No. 333-133029 Dear Mr. Webb: On behalf of ES Bancshares, Inc. (the ?Registrant?) and in accordance with Rule 101 of Regulation

May 16, 2006 S-4/A

As Filed With The Securities and Exchange Commission on May 16 , 2006

S-4/A 1 s4amain3.htm As Filed With The Securities and Exchange Commission on May 16 , 2006 Registration No. 333-133029 UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM S-4/ AMENDMENT NO. 3 REGISTRATION STATEMENT Under The Securities Act of 1933 ES BANCSHARES, INC. (Exact Name of Registrant as Specified in its Charter) Maryland 6712 (to be applied for) (State or other ju

May 1, 2006 S-4/A

As Filed With The Securities and Exchange Commission on April 28 18 , 2006

As Filed With The Securities and Exchange Commission on April 28 18 , 2006 Registration No.

May 1, 2006 CORRESP

April 28, 2006

(202) 274-2029 [email protected] April 28, 2006 VIA EDGAR AND FAX Mr. Mark Webb Legal Branch Chief Division of Corporate Finance U.S. Securities and Exchange Commission 100 F Street, EE Washington, DC 20549 RE: ES Bancshares, Inc. Registration Statement on Form S-4 File No. 333-133029 Dear Mr. Webb: On behalf of ES Bancshares, Inc. (the ?Registrant?) and in accordance with Rule 101 of Regulati

May 1, 2006 EX-4

ORGANIZER’S WARRANT AGREEMENT TO PURCHASE

Exhibit 4.3 W- Newburgh, New York ORGANIZER?S WARRANT AGREEMENT TO PURCHASE COMMON STOCK OF EMPIRE STATE BANK, NA This is to certify that, FOR VALUE RECEIVED, the undersigned (the ?Holder?), in exchange for the surrender of warrant No. (the ?Prior Warrant?) to purchase shares of the common stock of Empire State Bank, N.A., a national banking association (the ?Bank?), is entitled to purchase, subje

May 1, 2006 EX-4

ORGANIZER’S WARRANT AGREEMENT TO PURCHASE

Exhibit 4.3 W- Newburgh, New York ORGANIZER?S WARRANT AGREEMENT TO PURCHASE COMMON STOCK OF EMPIRE STATE BANK, NA This is to certify that, FOR VALUE RECEIVED, the undersigned (the ?Holder?), in exchange for the surrender of warrant No. (the ?Prior Warrant?) to purchase shares of the common stock of Empire State Bank, N.A., a national banking association (the ?Bank?), is entitled to purchase, subje

May 1, 2006 S-4/A

As Filed With The Securities and Exchange Commission on April 28 18 , 2006

As Filed With The Securities and Exchange Commission on April 28 18 , 2006 Registration No.

April 18, 2006 EX-4.3

ORGANIZER’S WARRANT TO PURCHASE COMMON STOCK EMPIRE STATE BANK, NA

Organizer Warrant Agreement Exhibit 4.3 THE SECURITIES REPRESENTED HEREBY HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, NOR REGISTERED OR QUALIFIED UNDER ANY STATE SECURITIES LAWS. THE SECURITIES HAVE BEEN ACQUIRED FOR INVESTMENT AND MAY NOT BE OFFERED FOR SALE, SOLD, TRANSFERRED, PLEDGED OR HYPOTHECATED, UNLESS QUALIFIED AND REGISTERED UNDER APPLICABLE STATE AND FEDERAL S

April 18, 2006 EX-4.2

EMPIRE STATE BANK, NATIONAL ASSOCIATION COMMON STOCK PURCHASE WARRANT ELECTION TO PURCHASE

Warrant Agreement Exhibit 4.2 Common Stock Purchase Warrant No. Unless Extended By The Bank This Warrant Expires Warrants At 5:00 P.M., New York Time on June 28, 2007 EMPIRE STATE BANK NATIONAL ASSOCIATION COMMON STOCK PURCHASE WARRANTS ORGANIZED UNDER THE LAWS OF THE UNITED STATES OF AMERICA THIS CERTIFIES THAT: IS THE OWNER OF Common Stock Purchase Warrants, each of which entitles the owner ther

April 18, 2006 S-4/A

As Filed With The Securities and Exchange Commission on April 18, 2006

As Filed With The Securities and Exchange Commission on April 18, 2006 Registration No.

April 18, 2006 CORRESP

April 18, 2006

(202) 274-2029 [email protected] April 18, 2006 Via EDGAR and Fax Mr. Todd Schiffman Assistant Director Division of Corporate Finance U.S. Securities and Exchange Commission 100 F Street, NE Washington, DC 20549 RE: ES Bancshares, Inc. Registration Statement on Form S-4 File No. 333-133029 Dear Mr. Schiffman: On behalf of ES Bancshares, Inc. (the ?Company?) and in accordance with Rule 101 of R

April 6, 2006 EX-1

SECTION 1 REORGANIZATION

AGREEMENT AND PLAN OF SHARE EXCHANGE Exhibit 2.1 THIS AGREEMENT AND PLAN OF SHARE EXCHANGE (the "Plan"), made and entered into as of the 21st day of March, 2006, between Empire State Bank, National Association (the "Bank"), a national bank organized under the laws of the United States of America, and ES Bancshares, Inc. (the "Company"), a Maryland corporation. WITNESSETH WHEREAS, the Board of Dire

April 6, 2006 EX-13

EMPIRE STATE BANK, N.A. 2004 STOCK OPTION PLAN

Exhibit 10.4 - Appendix B Exhibit 10.4 EMPIRE STATE BANK, N.A. 2004 STOCK OPTION PLAN 1. Purpose The purposes of the Empire State Bank, N.A. (the “Association”) 2004 Stock Option Plan (the “Plan”) are to attract and retain the best available personnel for positions of substantial responsibility, to provide additional incentive to Employees, Directors and Consultants and to promote the success of t

April 6, 2006 EX-4

INCORPORATED UNDER THE LAWS OF THE STATE OF MARYLAND

EX-4 5 ex04stockcertificatehc.htm INCORPORATED UNDER THE LAWS OF THE STATE OF MARYLAND No Shares ES BANCSHARES, INC. FULLY PAID AND NON-ASSESSABLE PAR VALUE $0.01 PER SHARE THE SHARES REPRESENTED BY THIS CERTIFICATE ARE SUBJECT TO RESTRICTIONS, SEE REVERSE SIDE THIS CERTIFIES that is the owner of SHARES OF COMMON STOCK of ES Bancshares, Inc. a Maryland corporation The shares evidenced by this cert

April 6, 2006 S-4

As Filed With The Securities and Exchange Commission on April 5, 2006

As Filed With The Securities and Exchange Commission on April 5, 2006 Registration No.

April 6, 2006 EX-12

EMPLOYMENT AGREEMENT

Exhibit 10.3 - EMPLOYMENT AGREEMENT Budich Exhibit 10.3 EMPLOYMENT AGREEMENT This Employment Agreement (“Agreement”), dated as of the 20th, day of October ,2005 (the “Effective Date”), is by and between Empire State Bank, NA, a national banking association (“ESB”), and Arthur Budich (the “Executive”). ESB and the Executive are sometimes collectively referred to herein as the “parties.” WHEREAS, th

April 6, 2006 EX-99

Empire State Bank, N.A. ANNUAL MEETING OF STOCKHOLDERS June 12, 2006

Exhibit 99.1 REVOCABLE PROXY REVOCABLE PROXY Empire State Bank, N.A. ANNUAL MEETING OF STOCKHOLDERS June 12, 2006 The undersigned hereby appoints the Proxy Committee of the Board of Directors of Empire State Bank, N.A. (the "Bank") with full powers of substitution, to act as attorneys and proxies for the undersigned to vote all shares of capital stock of the Bank which the undersigned is entitled

April 6, 2006 EX-21

Subsidiaries of the Registrant

Exhibit 21 Exhibit 21 Subsidiaries of the Registrant Name State of Incorporation Empire State Bank, N.A. Federal

April 6, 2006 EX-11

Exhibit 10.2

Employment Agreement Exhibit 10.2

April 6, 2006 EX-10

Exhibit 10.1

Exhibit 10.1 - Employment Agreement Exhibit 10.1

April 6, 2006 EX-3

BYLAWS OF ES BANCSHARES, INC.

Exhibit 3.2 - Bylaws Exhibit 3.2 BYLAWS OF ES BANCSHARES, INC. ARTICLE I STOCKHOLDERS Section 1. Annual Meeting. The Corporation shall hold an annual meeting of its stockholders to elect directors and to transact any other business within its powers on the last day of April of each year, or on a date within thirty-one (31) days of the last day of April of each year, to be designated by the Board o

April 6, 2006 EX-2

ARTICLES OF INCORPORATION OF ES BANCSHARES, INC.

Exhibit 3.1 - ARTICLES OF INCORPORATION Exhibit 3.1 ARTICLES OF INCORPORATION OF ES BANCSHARES, INC. The undersigned, Kip A. Weissman, whose address is 5335 Wisconsin Avenue, N.W., Suite 400, Washington, DC 20015, being at least eighteen years of age, acting as incorporator, does hereby form a corporation under the general laws of the State of Maryland, having the following Articles of Incorporati

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