- Current report filing (8-K)
2012年10月17日 - 6:03AM
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
EXCHANGE ACT OF 1934
Date of Report (Date of Earliest Event Reported):
October
11, 2012
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
Peoples Republic of
China
(Address, including zip code, of principal executive
offices)
(86-755) 6188-6818, ext 6856
(Registrants
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):
[_] Written communications pursuant to Rule 425 under the
Securities Act (17 CFR 230.425)
[_] Soliciting material pursuant to Rule 14a-12 under the
Exchange Act (17 CFR 240.14a -12)
[_] Pre-commencement communications pursuant to Rule 14d-2(b)
under the Exchange Act (17 CFR 240.14d -2(b))
[_] Pre-commencement communications pursuant to Rule 13e-4(c)
under the Exchange Act (17 CFR 240.13e -4(c))
ITEM 3.01. NOTICE OF DELISTING OR FAILURE TO SATISFY A
CONTINUED LISTING RULE OR STANDARD; TRANSFER OF LISTING.
On October 11, 2012, China BAK Battery, Inc. (the Company)
received a notification letter, dated October 11, 2012, from the Listing
Qualifications Department of The NASDAQ Stock Market indicating that, due to the
resignation of Richard B. Goodner as a member of the board of directors of the
Company and as a member of the boards Audit, Compensation and Nominating and
Corporate Governance Committees, the Company no longer complies with Nasdaqs
independent director and audit committee requirements as set forth in Nasdaq
Listing Rule 5605.
The notification letter states that, consistent with Nasdaq
Listing Rules 5605(b)(1)(A) and 5605(c)(4), Nasdaq will provide the Company a
cure period in order to regain compliance as follows:
-
until the earlier of the Companys next annual shareholders meeting or
August 20, 2013; or
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if the next annual shareholders meeting is held before February 19, 2013,
then the Company must evidence compliance no later than February 19, 2013.
As previously disclosed, the Company is actively seeking a new
independent director to fill the vacancies created by Mr. Goodners resignation
and intends to regain compliance with Nasdaq Listing Rule 5605 as soon as
practicable.
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: October 16, 2012
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By:
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/s/ Xiangqian
Li
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Xiangqian Li
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Chief Executive Officer
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3
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