ITEM 5.03 Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year

Effective May 28, 2009, the Board of Directors amended the Registrant's Bylaws to increase the mandatory retirement age for members of the Board of Directors from 80 to 85 years of age.

A copy of the Registrant's Bylaws, as amended, is filed with this Current Report as Exhibit 3(ii).

ITEM 9.01 Financial Statements and Exhibits.

(d) Exhibits. The following document is filed as an exhibit to this report:

3 (ii) Bylaws of First South Bancorp, Inc.