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CBAK > SEC Filings for CBAK > Form 8-K on 14-Mar-2013All Recent SEC Filings

Show all filings for CHINA BAK BATTERY INC | Request a Trial to NEW EDGAR Online Pro

Form 8-K for CHINA BAK BATTERY INC


14-Mar-2013

Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Stand


ITEM 3.01. NOTICE OF DELISTING OR FAILURE TO SATISFY A CONTINUED LISTING RULE OR STANDARD; TRANSFER OF LISTING.

On March 8, 2013, China BAK Battery, Inc. (the "Company") received a notification letter, dated March 8, 2013, from the Listing Qualifications Department of The NASDAQ Stock Market indicating that, due to the resignation of Charlene Spoede Budd ("Ms. Budd") as a member of the board of directors of the Company and as a member of the board's audit committee, 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:

until the earlier of the Company's next annual shareholders' meeting or February 27, 2014; or
if the next annual shareholders' meeting is held before August 26, 2013, then the Company must evidence compliance no later than August 26, 2013.

As previously disclosed, the Company is actively seeking a new independent director to fill the vacancies created by Ms. Budd's resignation and intends to regain compliance with Nasdaq Listing Rule 5605 as soon as practicable.


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