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): January 28, 2004 1st State Bancorp, Inc. -------------------------------------------------- (Exact Name of Registrant as Specified in Charter) Virginia 0-25859 56-2130744 -------------------------------------------------------------------------------- (State or Other Jurisdiction (Commission (I.R.S. Employer of Incorporation) File Number) Identification No.) 445 S. Main Street, Burlington, North Carolina 27215 -------------------------------------------------------------------------------- (Address of Principal Executive Offices) (Zip Code) Registrant's telephone number, including area code: (336) 227-8861 Not Applicable ------------------------------------------------------------- (Former Name or Former Address, if Changed Since Last Report) ITEM 7. FINANCIAL STATEMENTS, PRO FORMA FINANCIAL INFORMATION AND EXHIBITS --------------------------------------------------------------------------- (a) Not applicable (b) Not applicable (c) The following exhibit is filed herewith: Exhibit 99 Press Release dated January 28, 2004 ITEM 12. RESULTS OF OPERATIONS AND FINANCIAL CONDITION ------------------------------------------------------- On January 28, 2004, 1st State Bancorp, Inc. announced its unaudited financial results for the quarter ended December 31, 2003. For more information, reference is made to the Company's press release dated January 28, 2004, a copy of which is attached to this Report as Exhibit 99 and is furnished herewith. 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. 1st STATE BANCORP, INC. Date: January 28, 2004 By: /s/ James C. McGill ------------------------------------- James C. McGill President and Chief Executive Officer