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 board's Audit, Compensation and Nominating and Corporate Governance Committees, the Company no longer complies with Nasdaq's 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:

º until the earlier of the Company's next annual shareholders' meeting or August 20, 2013; or
º 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. Goodner's resignation and intends to regain compliance with Nasdaq Listing Rule 5605 as soon as practicable.

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