- Current report filing (8-K)
08 Enero 2013 - 4:20PM
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):
January 2, 2013
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)
(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 4.01 Changes in Registrants Certifying
Accountant.
On January 2, 2013, PKF, Certified Public Accountants, Hong
Kong, China, a member firm of PKF International Limited network of legally
independent firms (PKF) informed China BAK Battery, Inc. (the "Company") of
its decision to resign as the Company's independent registered public accounting
firm, effective immediately. The Audit Committee of the Companys Board of
Directors accepted PKFs resignation.
During the Companys two most recent fiscal years ended
September 30, 2012 and 2011 and during the subsequent interim period through
January 2, 2013, there were (1) no disagreements with PKF on any matter of
accounting principles or practices, financial statement disclosure, or auditing
scope or procedures, which disagreements, if not resolved to the satisfaction of
PKF, would have caused PKF to make reference to the subject matter of the
disagreements in connection with its reports, and (2) no events of the type
listed in paragraphs (A) through (D) of Item 304(a)(1)(v) of Regulation S-K.
PKFs reports on the Companys financial statements as of and
for the fiscal years ended September 30, 2012 and 2011 did not contain an
adverse opinion or disclaimer of opinion and were not qualified or modified as
to uncertainty, audit scope, or accounting principles, except that its report
for each of the fiscal years ended September 30, 2012 and 2011 contained an
emphasis of matter paragraph regarding the Companys ability to continue as a
going concern.
In accordance with Item 304(a)(3) of Regulation S-K, the
Company provided PKF with a copy of this disclosure on January 7, 2013,
requesting PKF to furnish the Company with a letter addressed to the Securities
and Exchange Commission (the SEC) stating whether it agrees with the
statements contained herein. A letter from PKF dated January 8, 2013 is attached
as Exhibit 16.1 to this current report.
As of the date of this Form 8-K, the Audit Committee of the
Company's Board of Directors has not retained a new independent registered
public accounting firm. The Company is currently in the process of selecting its
new independent registered public accounting firm, and will file a subsequent
Current Report on Form 8-K when the selection is made.
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: January 8, 2013
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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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