- Current report filing (8-K)
2009年12月2日 - 9:05PM
Edgar (US Regulatory)
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 AND EXCHANGE ACT OF 1934
Date of Report (Date of Earliest Event Reported): December 2,
2009
CHINA BAK BATTERY, INC.
(Exact name of registrant as
specified in its charter)
Nevada
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001-32898
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86-0442833
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(State or other
jurisdiction
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(Commission File No.)
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(IRS Employer
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of incorporation)
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Identification No.)
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BAK Industrial Park, No. 1 BAK Street
Kuichong Town, Longgang District
Shenzhen, 518119
People's Republic of China
(Address, including zip code, of principal executive offices)
(86-755) 8977-0093
(Registrant's telephone number, including area code)
Not applicable
(Former name or former address, if changed since last report)
Check the appropriate box below if the Form 8-K filing is
intended to simultaneously satisfy the filing obligation of the registrant under
any of the following provisions (see General Instruction A.2. below):
o
Written communications
pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
o
Soliciting material
pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o
Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
o
Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
Item 2.02
Results of
Operations and Financial Condition.
On December 2, 2009,
China BAK Battery, Inc. (the "Company") issued a press release announcing its
financial results for the fiscal quarter and fiscal year ended September 30,
2009. A copy of the press release is furnished as Exhibit 99.1 hereto.
The press release
furnished as Exhibit 99.1 hereto contains certain statements that may include
"forward-looking statements" within the meaning of Section 27A of the Securities
Act of 1933, as amended (the "Securities Act"), and Section 21E of the
Securities Exchange Act of 1934, as amended (the "Exchange Act"). All
statements, other than statements of historical fact, are "forward-looking
statements," including statements regarding the Company's business strategy,
plans and objective and statements of non-historical information. These
forward-looking statements are often identified by the use of forward-looking
terminology such as "should," "believes," "expects," "anticipates" or similar
expressions, and involve known and unknown risks and uncertainties. Although the
Company believes that the expectations reflected in these forward-looking
statements are reasonable, they involve assumptions, risks and uncertainties,
and these expectations may prove to be incorrect. You should not place undue
reliance on these forward-looking statements, which speak only as of their
respective dates. The Company's actual results could differ materially from
those anticipated in these forward-looking statements as a result of a variety
of factors, including those discussed in the Company's periodic reports that are
filed with and available from the Securities and Exchange Commission. All
forward-looking statements attributable to the Company or persons acting on its
behalf are expressly qualified in their entirety by these factors. Other than as
required under the securities laws, the Company does not assume a duty to update
these forward-looking statements.
In accordance with
General Instruction B.2 of Form 8-K, the information in this Report, including
Exhibit 99.1 hereto, shall not be deemed to be "filed" for purposes of Section
18 of the Exchange Act, or otherwise subject to the liabilities of that section,
and shall not be incorporated by reference into any registration statement or
other document filed under the Securities Act or the Exchange Act, except as
shall be expressly set forth by specific reference in such filing.
Item 9.01
Financial
Statements and Exhibits.
(d) Exhibits
2
SIGNATURE
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.
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CHINA BAK BATTERY, INC.
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Date: December 2, 2009
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By:
/s/ Tony Shen
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Tony
Shen
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Chief
Financial Officer
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3
EXHIBITS
4
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