(b)Plan Status. The adoption of the Plan through this Adoption Agreement is:
o(1)Initial Establishment. The initial adoption and establishment of the Plan.
x(2)Restated Plan. An amendment and restatement of the Plan (a Restated Plan).
Effective Date of this Restatement. The Effective Date of this Restatement is January 1, 2020
(B)Prior Plan. The Plan was last maintained under document dated January 1, 2018 , _____ and was known as the C&F Financial Corporation Non-Qualified Deferred Compensation Plan for Directors .
409A Transitional Provisions (grandfathering election):
oElection NOT to Grandfather Pre-January 1, 2005 Vested Balances. If this Option is elected, all Deferral Accounts shall be subject to the rules set forth in the post-December 31, 2004 restatements.
If the Option is not elected, the Deferral Accounts attributable to transfers from predecessor plans prior to December 31, 2004 and contributions that are vested as of December 31, 2004 shall be segregated from the Deferral Accounts attributable to contributions that are not vested as of December 31, 2004 and to contributions and transfers made on and after January 1, 2005. The terms of the Plan in effect on and after January 1, 2005 shall only apply to transfers and contributions that are not vested as of December 31, 2004 and to contributions and transfers made on and after January 1, 2005.
o(3)Special or Other Transitional Provisions. [Use attachment if additional space is needed]
[Enter any special provisions including alternate definitions or other transitional provisions relating to any Predecessor Plan Account and the Plan as restated]