Table of Contents

 

 

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C.  20549

 

FORM 11-K

 

x    Annual Report pursuant to Section 15(d)of the Securities Exchange Act of 1934

 

for the fiscal year ended December 31, 2009,

 

or

 

o     Transition report pursuant to 15(d) Of the Securities Exchange Act of 1934

 

for the Transition Period from                to               .

 

Commission File Number No. 0-14555

 

A. Full title of the plan and address of the plan, if different from that of the issuer named below:

 

VIST FINANCIAL CORP.

401(K) Retirement Savings Plan

 

B. Name of the issuer of the securities held pursuant to the plan and address of its principal executive office:

 

VIST FINANCIAL CORP.

1240 Broadcasting Road

Wyomissing, Pennsylvania 19610

(610) 208-0966

 

 

 




Table of Contents

 

Report of Independent Registered Public Accounting Firm

 

To the Trustees

VIST Financial Corp. 401(k) Retirement Savings Plan

 

We have audited the accompanying statements of net assets available for benefits of the VIST Financial Corp. 401(k) Retirement Savings Plan (the Plan) as of December 31, 2009 and 2008, and the related statements of changes in net assets available for benefits for the years then ended. These financial statements are the responsibility of the Plan’s management.  Our responsibility is to express an opinion on these financial statements based on our audits.

 

We conducted our audits in accordance with the standards of the Public Company Accounting Oversight Board (United States).  Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement.  The Plan is not required to have, nor were we engaged to perform, an audit of its internal control over financial reporting.  Our audits included consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Plan’s internal control over financial reporting.  Accordingly, we express no such opinion.  An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements.  An audit also includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements, assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation.  We believe that our audits provide a reasonable basis for our opinion.

 

In our opinion, the financial statements referred to above present fairly, in all material respects, the net assets available for benefits of the Plan as of December 31, 2009 and 2008, and the changes in net assets available for benefits for the years then ended, in conformity with accounting principles generally accepted in the United States of America.

 

Our audits were conducted for the purpose of forming an opinion on the basic financial statements taken as a whole.  The supplementary schedule of assets (held at end of year) as of December 31, 2009, is presented for the purpose of additional analysis and is not a required part of the basic financial statements but is supplementary information required by the Department of Labor’s Rules and Regulations for Reporting and Disclosure under the Employee Retirement Income Security Act of 1974.  This supplementary schedule is the responsibility of the Plan’s management.  The supplementary schedule has been subjected to the auditing procedures applied in the audits of the basic financial statements and, in our opinion, is fairly stated in all material respects in relation to the basic financial statements taken as a whole.

 

 

 

/s/ ParenteBeard LLC

 

 

 

 

ParenteBeard LLC

 

Reading, Pennsylvania

 

June 28, 2010

 

 



Table of Contents

 

VIST Financial Corp. 401(k) Retirement Savings Plan

 

Statements of Net Assets Available for Benefits

December 31, 2009 and 2008

 

 

 

2009

 

2008

 

 

 

 

 

 

 

Assets

 

 

 

 

 

Investments, at fair value:

 

 

 

 

 

Common/collective trust funds

 

$

2,276,025

 

$

1,211,115

 

Mutual funds

 

9,545,284

 

7,739,557

 

Common stock

 

537,507

 

453,406

 

Participant loans

 

289,886

 

263,582

 

 

 

 

 

 

 

Total investments at fair value

 

12,648,702

 

9,667,660

 

 

 

 

 

 

 

Liabilities

 

 

 

 

 

 

 

 

 

 

 

Excess contributions payable

 

0

 

8,014

 

Total Liabilities

 

0

 

8,014

 

 

 

 

 

 

 

Net Assets Available for Benefits at Fair Value

 

12,648,702

 

9,659,646

 

Adjustment from fair value to contract value for fully benefit responsive investment contract

 

(15,276

)

59,312

 

 

 

 

 

 

 

Net Assets Available for Benefits

 

$

12,633,426

 

$

9,718,958

 

 

See notes to financial statements.

 

2



Table of Contents

 

VIST Financial Corp. 401(k) Retirement Savings Plan

 

Statements of Changes in Net Assets Available for Benefits

Years Ended December 31, 2009 and 2008

 

 

 

2009

 

2008

 

 

 

 

 

 

 

Investment (Loss) Income

 

 

 

 

 

 

 

 

 

 

 

Net (depreciation) appreciation in fair value of investments

 

$

2,014,590

 

$

(5,252,808

)

Interest and dividends

 

216,888

 

291,589

 

 

 

 

 

 

 

 

 

2,231,478

 

(4,961,219

)

 

 

 

 

 

 

Contributions

 

 

 

 

 

 

 

 

 

 

 

Participants

 

1,074,033

 

1,083,736

 

Employer

 

474,373

 

694,972

 

Rollovers

 

213,194

 

11,844

 

 

 

 

 

 

 

 

 

1,761,600

 

1,790,552

 

 

 

 

 

 

 

Benefits Paid to Participants

 

(1,075,254

)

(2,207,580

)

 

 

 

 

 

 

Administrative Expenses

 

(3,356

)

(3,079

)

 

 

 

 

 

 

Net Increase (Decrease)

 

2,914,468

 

(5,381,326

)

 

 

 

 

 

 

Net Assets Available for Benefits - Beginning of Year

 

9,718,958

 

15,100,284

 

 

 

 

 

 

 

Net Assets Available for Benefits - End of Year

 

$

12,633,426

 

$

9,718,958

 

 

See notes to financial statements.

 

3


 


Table of Contents

 

VIST Financial Corp. 401(k) Retirement Savings Plan

 

Notes to Financial Statements

December 31, 2009 and 2008

 

Note 1 - Description of the Plan

 

The following description of the VIST Financial Corp. 401(k) Retirement Savings Plan (the Plan) formerly known as Leesport Financial Corp. 401(k) Retirement Savings Plan is provided for general information purposes only.  Participants should refer to the Plan document for a more complete description of the Plan’s provisions.

 

General

 

The Plan was established January 1, 1990, and amended thereafter.  The Plan is a contributory defined contribution plan covering employees of VIST Financial Corp. (the Company), who have completed one month of service and are at least 18 years of age.  The Plan is subject to the provisions of the Employee Retirement Income Security Act of 1974 (ERISA).

 

Participation

 

An employee becomes a participant in the Plan on the first day of the calendar quarter next following the date eligibility requirements are met. If the employee does not make an affirmative or negative election to participate, they will be automatically enrolled in the Plan.

 

Service Rules

 

Employees are credited with a year of service for each plan year during which they have at least 1,000 hours of service.

 

Contributions

 

There are several types of contributions that can be added to a participants account:  an employee salary deferral contribution, an employer matching contribution and an employer qualified nonelective contribution. The Plan allows for employer profit sharing contributions and automatic enrollment of participants at a 2% deferral rate. Participants may also contribute amounts representing distributions from other qualified defined benefit or contribution plans.

 

Participants may contribute a portion of their annual pre-tax compensation by way of a salary deferral contribution up to the maximum amount allowed under current federal income tax laws.  The employer contributes an amount equal to 150% of the participants elective deferral contributions which are not over 2% of the participant’s pay, plus 100% of the participant’s elective deferral contributions which are over 2% but not over 3% of the participant’s pay, plus 50% of the participant’s elective deferral contributions which are over 3% but not more than 7% of the participant’s pay.

 

In July 2009, the Plan was amended to to allow for the employer match contribution percentage to be determined by the Board of Directors on an annual basis.  For the years 2009 and 2010, the employer match contribution percentage was equal to 50% on the first 2% of a participant’s elective deferral contribution.

 

4



Table of Contents

 

VIST Financial Corp. 401(k) Retirement Savings Plan

 

Notes to Financial Statements

December 31, 2009 and 2008

 

Note 1 - Description of the Plan (Continued)

 

Each year, the employer, at the sole discretion of its Board of Directors, determines the amount of the employer profit sharing contribution, if any, to be made from current or accumulated net earnings. In addition, the employer may make a qualified nonelective contribution on behalf of the non-highly compensated employees.

 

The participants may direct their contributions into several different investment options. Employees must meet certain requirements to receive an allocation of the employer matching and profit sharing contributions. Contributions are subject to certain limitations.

 

Participants’ Accounts

 

Each participant’s account is credited with an allocation of various contributions and Plan earnings (including unrealized appreciation and depreciation of Plan assets), and charged with an allocation of administrative expenses.  Allocations of the employer qualified nonelective and profit sharing contributions are based on participants’ compensation while allocations of Plan earnings are based on participants’ account balances.  Loan and disbursement processing fees are charged to the respective participants’ accounts. Other administrative expenses are allocated pro rata based on the participants’ account balances. The benefit to which a participant is entitled is the benefit that can be provided from the participant’s vested account balance.

 

Vesting

 

A participant is 100% vested at all times in the participant’s salary deferral, rollover account and the employer qualified nonelective account regardless of the number of years of service.  If participants cease participation, other than by retirement, disability, or death, the vested interest in the remainder of their accounts is dependent upon the years of credited service, as follows:

 

Years of Service

 

Percent
Vested

 

 

 

 

 

Less than 1

 

0

%

1

 

20

%

2

 

40

%

3

 

60

%

4

 

80

%

5

 

100

%

 

5



Table of Contents

 

VIST Financial Corp. 401(k) Retirement Savings Plan

 

Notes to Financial Statements

December 31, 2009 and 2008

 

Note 1 - Description of the Plan (Continued)

 

Payment of Benefits

 

Upon retirement, disability, or death, distributions will be paid as soon as administratively possible in a lump sum or in installments.  Upon termination of service other than by retirement, disability, or death, a participant will receive a lump sum payment if the total of his/her vested account balance does not exceed $1,000.  If the account balance exceeds $1,000, the assets will generally be held in a trust until the participant’s normal or early retirement date.  However, terminated participants may elect to receive their salary deferral accounts at any time. There were no distributions due participants at December 31, 2009 and 2008, respectively.

 

Participant Loans

 

Loans are available to participants of the Plan and are subject to approval by the Plan administrator.  Participants may borrow from their accounts up to the lesser of $50,000 reduced by the excess, if any, of the highest outstanding balance of loans during the one year period ending on the day before the loan is made, over the outstanding balance of loans from the Plan on the date that the loan is made, or 50% of their vested account balance.  If the participant’s vested account balance is $20,000 or less, the maximum loan shall not exceed the lesser of $10,000 or 100% of the participant’s vested account balance.  Loan terms range from one to five years, however, repayment terms can exceed five years if the loan is used for the purchase of a primary residence.  The loans bear interest at a reasonable interest rate defined as the prevailing interest rate charged by local financial institutions in the business of lending money for secured personal loans.  The repayment of these loans is made through payroll deductions. The minimum loan amount is $1,000.

 

Administrative Expenses

 

Administrative costs of the Plan are absorbed by the Plan through the use of forfeited balances.  However, if the balance of the forfeiture account is not adequate to pay the expenses, the Plan sponsor pays the administrative expenses.

 

Forfeited Accounts

 

As of December 31, 2009 and 2008, forfeited employer matching non-vested accounts amounted to $6,602  and $11,615, respectively.  Forfeitures of employer matching and employer profit sharing non-vested accounts may be used either to pay future administrative expenses of the Plan, or to reduce future employer contributions.  During the years ended December 31, 2009 and 2008, forfeitures applied against administrative expenses and employer matching contributions amounted to $17,226 and $41,484.

 

6



Table of Contents

 

VIST Financial Corp. 401(k) Retirement Savings Plan

 

Notes to Financial Statements

December 31, 2009 and 2008

 

Note 2 - Summary of Significant Accounting Policies

 

A summary of the significant accounting policies consistently applied in the preparation of the accompanying financial statements, follows:

 

Basis of Accounting

 

The financial statements of the Plan are prepared based on accounting principles generally accepted in the United States of America.

 

Investment contracts held by a defined-contribution plan are required to be reported at fair value. However, contract value is the relevant measurement attribute for that portion of the net assets available for benefits of a defined-contribution plan attributable to fully benefit-responsive investment contracts because contract value is the amount participants would receive if they were to initiate permitted transactions under the terms of the plan. The Statement of Net Assets Available for Benefits presents the fair value of the investment contracts as well as the adjustment of the fully benefit-responsive investment contracts from fair value to contract value. The Statement of Changes in Net Assets Available for Benefits is prepared on a contract value basis.

 

The plan invests in investment contracts through a common/collective trust fund. Contract value for this common/collective trust fund is based on the net asset value of the fund as reported by the investment advisor. The Statements of Net Assets Available for Benefits present the fair value of the investment in the common/collective trust fund as well as the adjustment of the investment in the common/collective trust fund from fair value to contract value relating to fully benefit-responsive investment contracts. The statements of changes in net assets available for benefits are prepared on a contract value basis.

 

The Financial Accounting Standards Board’s (“FASB”) Accounting Standards Codification (“ASC”) became effective on July 1, 2009.  On that date, the FASB’s ASC became the official source of authoritative accounting principles recognized by the FASB to be applied by non-governmental entities in the preparation of financial statements in conformity with U.S. GAAP.  The ASC supersedes all existing FASB, American Institute of Certified Public Accountants (“AICPA”), Emerging Issues Task Force (“EITF”) and related literature.  Rules and interpretive releases of the Securities and Exchange Commission (“SEC”) under authority of federal securities laws are also sources of authoritative guidance for SEC registrants.  All guidance contained in the ASC carries an equal level of authority.  All non-grandfathered, non-SEC accounting literature not included in the ASC is superseded and deemed non-authoritative.  While the conversion to the ASC affects the way companies refer to U.S. GAAP in financial statements and accounting policies, it does not change U.S. GAAP.  Citing particular content in the ASC involves specifying the unique numeric path to the content through the Topic, Subtopic, Section and Paragraph structure.  The adoption of the Codification did not have any impact on the Plan’s financial statements.

 

7



Table of Contents

 

VIST Financial Corp. 401(k) Retirement Savings Plan

 

Notes to Financial Statements

December 31, 2009 and 2008

 

Note 2 - Summary of Significant Accounting Policies (Continued)

 

Subsequent Events

 

Effective April 1, 2009, the Company adopted FASB ASC 855, Subsequent Events.  FASB ASC 855 establishes general standards for accounting for and disclosure of events that occur after the balance sheet date but before financial statements are issued.  FASB ASC 855 sets forth the period after the balance sheet date during which management of a reporting entity should evaluate events or transactions that may occur for potential recognition in the financial statements, identifies the circumstances under which an entity should recognize events or transactions occurring after the balance sheet date in its financial statements, and the disclosures that should be made about events or transactions that occur after the balance sheet date.  In preparing these financial statements, the Company evaluated the events and transactions that occurred after December 31, 2009 through the date these financial statements were issued.

 

Investment Valuation and Income Recognition

 

The Plan’s investments are stated at fair value. Purchases and sales of securities are recorded on a trade-date basis.  Interest income is recorded on the accrual basis.  Dividends are recorded on the ex-dividend date.

 

Investments of the Plan are exposed to various risks, such as interest rate, market, and credit.  Due to the level of risk associated with certain investments and the level of uncertainty related to changes in the value of investments, it is at least reasonably possible that changes in risks in the near term would materially affect investment assets reported in the statements of net assets available for benefits and the statements of changes in net assets available for benefits.

 

Investment Fees

 

Net investment returns reflect certain fees paid by the investment funds to their affiliated investment advisors, transfer agents, and others as further described in each fund prospectus or other published documents. These fees are deducted prior to allocation of the Plan’s investment earnings activity and thus are not separately identifiable as an expense.

 

Payment of Benefits

 

Benefit payments to participants are recorded when paid.

 

Income Taxes

 

The Plan is exempt from federal income taxes under the Internal Revenue Code.

 

The Plan adopted FASB ASC 740, Income Taxes, which clarifies the evaluation of a tax position using a two step measurement. The first step is utilized to determine if a tax position will be sustained upon recognition and the second step determines if the tax position meets a more likely than not recognition threshold in order to determine the amount of benefit to recognize in the financial statements. As the Plan is exempt from federal income taxes, the adoption of FASB ASC 740 will not have a material effect on these financial statements.

 

8



Table of Contents

 

VIST Financial Corp. 401(k) Retirement Savings Plan

 

Notes to Financial Statements

December 31, 2009 and 2008

 

Note 2 - Summary of Significant Accounting Policies (Continued)

 

Estimates

 

The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires the Plan administrator to make estimates and assumptions that affect certain reported amounts and disclosures.  Accordingly, actual results could differ from those estimates.

 

Note 3 — Investments

 

Fair Value Measurements and Fair Value of Financial Instruments

 

The Plan uses fair value measurements to record fair value adjustments to certain assets and liabilities and to determine fair value disclosures.  The Plan’s financial instruments are valued at fair value on a recurring basis.

 

Management uses its best judgment in estimating the fair value of the Plan’s financial instruments; however, there are inherent weaknesses in any estimation technique.  Therefore, for substantially all financial instruments, the fair value estimates herein are not necessarily indicative of the amount the Plan would realize in a sale transaction on the dates indicated.  The estimated fair values of these financial instruments subsequent to the respective reporting dates may be different than the amounts reported at each period end.

 

The following methods and assumptions were used to estimate the fair values of the Plan’s financial instruments at December 31, 2009 and December 31, 2008:

 

FASB ASC 820 “Fair Value Measurements and Disclosures” defines fair value as the price that would be received to sell an asset or paid to transfer a liability in an orderly transaction between market participants.  A fair value measurement assumes that the transaction to sell the asset or transfer the liability occurs in the principal market for the asset or liability or, in the absence of a principal market, the most advantageous market for the asset or liability.  The price in the principal (or most advantageous) market used to measure the fair value of the asset or liability shall not be adjusted for transaction costs.  An orderly transaction is a transaction that assumes exposure to the market for a period prior to the measurement date to allow for marketing activities that are usual and customary for transactions involving such assets and liabilities; it is not a forced transaction.  Market participants are buyers and sellers in the principal market that are (i) independent, (ii) knowledgeable, (iii) able to transact and (iv) willing to transact.

 

9



Table of Contents

 

VIST Financial Corp. 401(k) Retirement Savings Plan

 

Notes to Financial Statements

December 31, 2009 and 2008

 

Note 3 — Investments (Continued)

 

FASB ASC 820 requires that the use of valuation techniques by the Plan are consistent with the market approach, the income approach and/or the cost approach.  The market approach uses prices and other relevant information generated by market transactions involving identical or comparable assets and liabilities.  The income approach uses valuation techniques to convert future amounts, such as cash flows or earnings, to a single present amount on a discounted basis.  The cost approach is based on the amount that currently would be required to replace the service capacity of an asset (replacement costs).  Valuation techniques are consistently applied and inputs to valuation techniques refer to the assumptions that market participants would use in pricing the asset or liability.  Inputs may be observable, meaning those that reflect the assumptions market participants would use in pricing the asset or liability developed based on market data obtained from independent sources, or unobservable, meaning those that reflect the reporting entity’s own assumptions about the assumptions market participants would use in pricing the asset or liability developed based on the best information available in the circumstances.  In that regard, FASB ASC 820 establishes a fair value hierarchy for valuation inputs that gives the highest priority to quoted prices in active markets for identical assets or liabilities and the lowest priority to values determined using unobservable inputs.

 

The three levels defined by FASB ASC 820 hierarchy are as follows:

 

Level 1:            Quoted prices are available in active markets for identical assets or liabilities as of the reported date.

 

Level 2:            Pricing inputs are other than quoted prices in active markets, which are either directly or indirectly observable as of the reported date.  The nature of these assets and liabilities include items for which quoted prices are available but traded less frequently, and items whose fair valued is calculated using observable data from other financial instruments.

 

Level 3:            Assets and liabilities that have little to no pricing observability as of the reported date.  These items do not have two-way markets and are measured using management’s best estimate of fair value, where the inputs into the determination of fair value require significant management judgment or estimation.

 

The following methods and assumptions were used to estimate the fair value of the Plan’s financial assets and financial liabilities:

 

Common Stock

 

These investments are valued at the closing price reported on the active market on which the individual securities are traded.

 

10



Table of Contents

 

VIST Financial Corp. 401(k) Retirement Savings Plan

 

Notes to Financial Statements

December 31, 2009 and 2008

 

Note 3 — Investments (Continued)

 

Mutual Funds

 

These investments are public investment vehicles valued using the Net Asset Value (“NAV”) provided by the administrator of the fund. The NAV is based on the value of the underlying assets owned by the fund, minus its liabilities, and then divided by the number of shares outstanding. The NAV is a quoted price in an active market and classified within level 1 of the valuation hierarchy.

 

Common Collective Funds

 

These investments are public investment vehicles valued using the NAV provided by the administrator of the fund. The NAV is based on the value of the underlying assets owned by the fund, minus its liabilities, and then divided by the number of shares outstanding. The NAV is classified within level 2 of the valuation hierarchy because the NAV’s unit price is quoted on a private market that is not active; however, the unit price is based on underlying investments which are traded on an active market. Further information concerning the common/collective trust funds may be obtained from their separate audited financial statements.

 

Participant Loans

 

Loans to participants are valued at amortized cost, which approximates fair value and are classified within level 3 of the valuation hierarchy.

 

The following tables present the assets and liabilities that are measured at fair value on a recurring basis by level within the fair value hierarchy as reported on the statements of Net Assets Available for Benefits at December 31, 2009 and December 31, 2008.  As required by FASB ASC 820, financial assets and liabilities are classified in their entirety based on the lowest level of input that is significant to the fair value measurement.

 

11


 


Table of Contents

 

VIST Financial Corp. 401(k) Retirement Savings Plan

 

Notes to Financial Statements

December 31, 2009 and 2008

 

Note 3 — Investments (Continued)

 

Assets at Fair Value as of December 31, 2009

 

 

 

Quoted Prices in
Active Market
for Identical
Assets

 

Significant
Other
Observable
Inputs

 

Significant
Unobservable
Inputs

 

 

 

 

 

(Level 1)

 

(Level 2)

 

(Level 3)

 

Total

 

 

 

 

 

 

 

 

 

 

 

Mutual Funds:

 

 

 

 

 

 

 

 

 

Balanced Funds

 

$

2,090,743

 

$

 

$

 

$

2,090,743

 

Fixed Income

 

1,720,962

 

 

 

1,720,962

 

Equity

 

5,733,579

 

 

 

5,733,579

 

 

 

 

 

 

 

 

 

 

 

Common/Collective Trust Funds

 

 

2,276,025

 

 

2,276,025

 

 

 

 

 

 

 

 

 

 

 

Common Stock

 

537,507

 

 

 

537,507

 

 

 

 

 

 

 

 

 

 

 

Participant Loans

 

 

 

289,886

 

289,886

 

 

 

 

 

 

 

 

 

 

 

Total Assets at Fair Value

 

$

10,082,791

 

$

2,276,025

 

$

289,886

 

$

12,648,702

 

 

Assets at Fair Value as of December 31, 2008

 

 

 

Quoted Prices in
Active Market
for Identical
Assets

 

Significant
Other
Observable
Inputs

 

Significant
Unobservable
Inputs

 

 

 

 

 

(Level 1)

 

(Level 2)

 

(Level 3)

 

Total

 

Mutual Funds:

 

 

 

 

 

 

 

 

 

Balanced Funds

 

$

1,756,807

 

$

 

$

 

$

1,756,807

 

Fixed Income

 

1,417,664

 

 

 

1,417,664

 

Equity

 

4,565,086

 

 

 

4,565,086

 

 

 

 

 

 

 

 

 

 

 

Common/Collective Trust Funds

 

 

1,211,115

 

 

1,211,115

 

 

 

 

 

 

 

 

 

 

 

Common Stock

 

453,406

 

 

 

453,406

 

 

 

 

 

 

 

 

 

 

 

Participant Loans

 

 

 

263,582

 

263,582

 

 

 

 

 

 

 

 

 

 

 

Total Assets at Fair Value

 

$

8,192,963

 

$

1,211,115

 

$

263,582

 

$

9,667,660

 

 

12



Table of Contents

 

VIST Financial Corp. 401(k) Retirement Savings Plan

 

Notes to Financial Statements

December 31, 2009 and 2008

 

Note 3 — Investments (Continued)

 

The following table presents a summary of the changes in fair value of the Plan’s level 3 assets for the year ended December 31, 2009.

 

Level 3 Assets

Year Ended December 31

Participant Loans

 

 

 

2009

 

2008

 

 

 

 

 

 

 

Beginning Balance

 

$

263,582

 

$

337,476

 

Net purchases, sales, issuances and settlements

 

26,304

 

(73,894

)

 

 

 

 

 

 

Balance End of Plan Year

 

$

289,886

 

$

263,582

 

 

13



Table of Contents

 

VIST Financial Corp. 401(k) Retirement Savings Plan

 

Notes to Financial Statements

December 31, 2009 and 2008

 

Note 3 — Investments (Continued)

 

The following table presents the fair value of investments as of December 31:

 

Investments

 

2009

 

2008

 

 

 

 

 

 

 

Common/Collective Trust Funds:

 

 

 

 

 

Principal Stable Value Sgnture

 

2,276,025

*,**

1,211,115

*,**

Mutual funds:

 

 

 

 

 

Black Rock Inflation Protection R4

 

0

 

27,704

 

Calvert Soc Inv Bond A Fund

 

165,285

 

216,841

 

Principal Inflation Pro R4 Fund

 

334,486

 

0

 

Principal Inv Lf Tm Strat Inc Sel

 

1,156

 

1,203

 

Principal Preferred Secs R4

 

1,221,191

*

1,173,118

*

Principal Inv LifeTime 2010

 

241,237

 

804,567

*

Principal Inv LifeTime 2020

 

556,249

 

229,707

 

Principal Inv LifeTime 2030

 

870,126

*

529,827

*

Principal Inv LifeTime 2040

 

349,815

 

159,606

 

Principal Inv LifeTime 2050

 

72,160

 

31,897

 

Principal Large Cap Value III R4

 

93,734

 

45,499

 

Am Funds Fdmntl Inv R3

 

307,518

 

293,883

 

Am Fds Grth Fd of Am R3

 

247,782

 

146,302

 

Principal Large Cap Growth R4 Fund

 

977,259

*

916,158

*

Davis New York Venture A Fund

 

1,133,304

*

998,189

*

Principal S&P 500 Idx Inst Fund

 

436,439

 

314,400

 

AIM Capital Development R

 

564,030

 

447,438

 

Principal Mid Cap I R4

 

23,207

 

10,265

 

Principal Sm Cap Value I R4 Fund

 

66,255

 

28,361

 

Fidelity Adv Small Cap T

 

21,006

 

0

 

Principal S&P 400 Idx R4 Fund

 

727,943

*

622,581

*

Principal Mid Cap Growth R4 Fund

 

197,896

 

73,000

 

Principal Diversified Interl R4 Fund

 

586,071

 

561,300

*

Principal Intl Emerging Mkts R4 Fund

 

351,135

 

107,711

 

Common stock:

 

 

 

 

 

Common stock, VIST Financial Corp.

 

537,507

 

453,406

 

 

 

 

 

 

 

Participant loans

 

289,886

 

263,582

 

 

 

$

12,648,702

 

$

9,667,660

 

 

*        Represents 5% or more of net assets as of the respective year-end.

**     Contract value of $2,260,749 and $1,270,427 at December 31, 2009 and 2008, respectively.

 

14



Table of Contents

 

VIST Financial Corp. 401(k) Retirement Savings Plan

 

Notes to Financial Statements

December 31, 2009 and 2008

 

Note 3 — Investments (Continued)

 

The net appreciation (depreciation) in fair value of investments (including gains and losses on investments bought, sold and held during the year) for each significant class of investments consists of the following for the years ended December 31:

 

 

 

2009

 

2008

 

 

 

 

 

 

 

Investments at fair value as determined by quoted market prices:

 

 

 

 

 

Mutual funds

 

$

2,189,586

 

$

(4,732,478

)

Common stock

 

(202,000

)

(549,225

)

Investments at estimated fair value:

 

 

 

 

 

Common/Collective Trust Funds

 

27,004

 

28,895

 

 

 

 

 

 

 

 

 

 

 

$

2,014,590

 

$

(5,252,808

)

 

Note 4 - Plan Termination

 

Although it has not expressed any intent to do so, the Company has the right under the Plan to discontinue contributions at any time and to terminate the Plan subject to the provisions of ERISA.  In the event of Plan termination, participants will become 100% vested in their accounts.

 

Note 5 - Income Tax Status

 

The Plan is operating under a prototype non-standardized 401(k) profit sharing plan.  The prototype plan obtained its latest determination letter on October 27, 2008 in which the Internal Revenue Service stated that the prototype plan, as then designed, was in compliance with the applicable requirements of the Internal Revenue Code.  The Plan has been amended since receiving the determination letter to allow rollover contributions to be made in cash or in kind according to procedures set up by the Plan Administrator. However, the Plan administrator and the Plan’s advisors believe that the Plan is currently designed and being operated in compliance with the applicable requirements of the Internal Revenue Code.  Therefore, they believe that the Plan is qualified and the related trust was tax-exempt as of the financial statement date.

 

Note 6 - Related Party Transactions

 

Certain Plan investments are shares of money market funds, mutual funds, and common/collective trust accounts that are managed by the custodians of the Plan.  The Plan also holds an investment in 102,382 and 58,662 shares of common stock of the Plan sponsor at December 31, 2009 and 2008, respectively.  Therefore, these related transactions qualify as related party transactions.  All other transactions which may be considered parties-in-interest transactions relate to normal plan management and administrative services, and the related payment of fees.

 

15



Table of Contents

 

VIST Financial Corp. 401(k) Retirement Savings Plan

 

Notes to Financial Statements

December 31, 2009 and 2008

 

Note 7 — Reconciliation of Financial Statements to Form 5500

 

A reconciliation of net assets available for benefits according to the financial statements consists of the following as of December 31:

 

 

 

2009

 

2008

 

Net assets available for benefits per the financial statements

 

$

12,633,426

 

$

9,718,958

 

Adjustment from fair value to contract value for fully benefit-responsive investment contracts

 

15,276

 

(59,312

)

Amounts reimbursed to participants as excess contributions

 

0

 

8,014

 

Net assets available for benefits per the Form 5500

 

$

12,648,702

 

$

9,667,660

 

 

A reconciliation of benefits paid to participants according to the financial statements consists of the following for the year ended December 31:

 

 

 

2009

 

2008

 

Benefits paid to participants per the financial statements

 

$

1,075,254

 

$

2,207,580

 

Amounts reimbursed to participants per the Form 5500

 

4,035

 

19,142

 

Refund balance to Employer Contributions

 

0

 

0

 

Benefits paid to participants per the Form 5500

 

$

1,079,284

 

$

2,226,722

 

 

Amounts allocated to withdrawing participants are recorded on the Form 5500 for benefit claims that have been processed and approved for payment prior to plan year end but not yet paid as of that date.

 

A reconciliation of investment income (loss) according to the financial statements consists of the following for the year ended December 31:

 

 

 

2009

 

2008

 

Investment gain (loss) per the financial statements

 

$

2,231,478

 

$

(4,961,219

)

Depreciation on prior year excess contributions refunded

 

(3,979

)

(1,139

)

Adjustment from fair value to contract value for fully Benefit-responsive investment contracts

 

74,588

 

(51,599

)

Investment income per the Form 5500

 

$

2,302,087

 

$

(5,013,957

)

 

16



Table of Contents

 

Schedule of Assets (Held at End of Year)

Form 5500 - Schedule H - Line 1f

EIN:  23-2354007

PN:  003

December 31, 2009

 

(a)

 

Identity of Issue (b)

 

Description of Investment (c)

 

**
Cost (d)

 

Current
Value (e)

 

 

 

 

 

 

 

 

 

 

 

*

 

Principal Stable Value Sgnture

 

Common/Collective Trust

 

N/A

 

$

2,276,025

 

 

 

Calvert Soc Inv Bond A Fund

 

Fixed Income - Mutual fund

 

N/A

 

165,285

 

*

 

Principal Inflation Pro R4 Fund

 

Fixed Income - Mutual fund

 

N/A

 

334,486

 

*

 

Principal Inv Lf Tm Strat Inc Sel

 

Balanced - Mutual fund

 

N/A

 

1,156

 

*

 

Principal Preferred Sec Sel Fund

 

Fixed Income - Mutual fund

 

N/A

 

1,221,191

 

*

 

Principal Inv LifeTime 2010

 

Balanced - Mutual fund

 

N/A

 

241,237

 

*

 

Principal Inv LifeTime 2020

 

Balanced - Mutual fund

 

N/A

 

556,249

 

*

 

Principal Inv LifeTime 2030

 

Balanced - Mutual fund

 

N/A

 

870,126

 

*

 

Principal Inv LifeTime 2040

 

Balanced - Mutual fund

 

N/A

 

349,815

 

*

 

Principal Inv LifeTime 2050

 

Balanced - Mutual fund

 

N/A

 

72,160

 

*

 

Principal Large Cap Value III R4 Fund

 

Equity - Mutual fund

 

N/A

 

93,734

 

 

 

Am Funds Fdmntl Inv R3

 

Equity - Mutual fund

 

N/A

 

307,518

 

 

 

Am Fds Grth Fd of Am R3

 

Equity - Mutual fund

 

N/A

 

247,782

 

*

 

Principal Large Cap Growth R4 Fund

 

Equity - Mutual fund

 

N/A

 

977,259

 

 

 

Davis New York Venture A Fund

 

Equity - Mutual fund

 

N/A

 

1,133,304

 

*

 

Principal S&P 500 Idx Inst Fund

 

Equity - Mutual fund

 

N/A

 

436,439

 

 

 

AIM Capital Development R

 

Equity - Mutual fund

 

N/A

 

564,030

 

*

 

Principal Mid Cap Value I R4

 

Equity - Mutual fund

 

N/A

 

23,207

 

*

 

Principal Sm Cap Value I R4 Fund

 

Equity - Mutual fund

 

N/A

 

66,255

 

 

 

Fidelity Adv Small Cap T Fund

 

Equity - Mutual fund

 

N/A

 

21,006

 

*

 

Principal S&P 400 Idx R4 Fund

 

Equity - Mutual fund

 

N/A

 

727,943

 

*

 

Principal Mid Cap Growth R4 Fund

 

Equity - Mutual fund

 

N/A

 

197,896

 

*

 

Principal Diversified Interl R4 Fund

 

Equity - Mutual fund

 

N/A

 

586,071

 

*

 

Principal Intl Emerging Mkts R4 Fund

 

Equity - Mutual fund

 

N/A

 

351,135

 

*

 

VIST Financial Corp.

 

Common stock

 

N/A

 

537,507

 

*

 

Participant loans

 

4.25% to 9.25%

 

0

 

289,886

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

$

12,648,702

 

 


*  Party-in-interest.

** Historical cost has not been presented as all investments are participant directed.

 

17



Table of Contents

 

SIGNATURES

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the Plan Administrator of the VIST Financial Corp. 401(k) Retirement Savings Plan has duly caused this annual report to be signed on its behalf by the undersigned hereunto duly authorized.

 

Dated: June 28, 2010

VIST FINANCIAL CORP.

 

401(K) RETIREMENT SAVINGS PLAN

 

 

 

VIST FINANCIAL CORP.

 

 

 

By:

/s/Jenette L.Eck

 

 

Jenette L. Eck

 

 

Plan Administrator

 

18



Table of Contents

 

Exhibit Index

 

Exhibit

 

 

Number

 

 

23

 

Consent of ParenteBeard LLC

 

19


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