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CBAK Energy Technology, Inc. Proxy Solicitation & Information Statement 2013

Mar 8, 2013

34326_rns_2013-03-08_2194158c-2f01-4819-8094-7317ad83497d.zip

Proxy Solicitation & Information Statement

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DEFA14A 1 schedule14a.htm DEFA14A China BAK Battery, Inc.: Schedule 14A - Filed by newsfilecorp.com

UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549

SCHEDULE 14A

Proxy Statement Pursuant to Section 14(a) of the Securities Exchange Act of 1934

Filed by the Registrant [X] Filed by a Party other than the Registrant [ ]

Check the appropriate box:

[ ] Preliminary Proxy Statement
[ ] Confidential, For Use of the Commission Only (As
Permitted by Rule 14a-6(e)(2))
[ ] Definitive Proxy Statement
[X] Definitive Additional Materials
[ ] Soliciting Material under Rule
14a-12

CHINA BAK BATTERY, INC. (Name of Registrant as Specified In Its Charter)

_________________________________________________________ (Name of Person(s) Filing Proxy Statement, if other than the Registrant)

Payment of Filing Fee (Check the appropriate box):

[X] No fee required
[ ] Fee computed on table below per Exchange Act Rules
14a-6(i)(1) and 0-11.
(1) Title of each class of securities to which transaction
applies:
(2) Aggregate number of securities to which transaction
applies:
(3) Per unit price or other underlying value of transaction
computed pursuant to Exchange Act Rule 0-11 (set forth the amount on which
the filing fee is calculated and state how it was determined):
(4) Proposed maximum aggregate value of
transaction:
(5) Total fee paid:
[ ] Fee paid previously with preliminary materials.
[ ] Check box if any part of the fee is offset as provided by
Exchange Act Rule 0-11(a)(2) and identify the filing for which the
offsetting fee was paid previously. Identify the previous filing by
registration statement number, or the form or schedule and the date of its
filing.
(1) Amount Previously Paid:
(2) Form, Schedule or Registration Statement No.:
(3) Filing Party:
(4) Date Filed:

$$/page=

NOTICE OF POSTPONEMENT OF 2013 ANNUAL MEETING OF STOCKHOLDERS

To the Stockholders of CHINA BAK BATTERY, INC.:

NOTICE IS HEREBY GIVEN that the 2013 Annual Meeting of Stockholders (the “Annual Meeting”) of China BAK Battery, Inc., a Nevada corporation (the “Company”), originally scheduled to be held on Wednesday, March 20, 2013, at 9:00 a.m., local time, has been postponed until a new date and time for the Annual Meeting are determined by the Board of Directors of the Company (the “Board”).

As the Company disclosed in its Current Report on Form 8-K, dated March 5, 2013, due to personal reasons, Ms. Charlene Spoede Budd (“Ms. Budd”) resigned as a member of the Board and as a member of the Board’s Audit, Compensation and Nominating and Corporate Governance Committees, effective February 27, 2013. As a result of her resignation, the nomination for Ms. Budd’s election as a director of the Company has been withdrawn and she will no longer be a nominee for election to our Board at the Annual Meeting.

The Board is currently contemplating the appointment of a new independent director who, if appointed, would be nominated for election by the Company’s stockholders at the Annual Meeting. The Company has postponed the Annual Meeting in order to allow the Board sufficient time to adequately consider the potential director appointment and subsequent nomination.

The Company will announce the new date and time of the Annual Meeting once a final determination has been made and, if necessary, will file an amended proxy statement and related proxy materials with the Securities and Exchange Commission at that time.

By Order of the Board of Directors, /s/ Danny Pan Corporate Secretary

Shenzhen, China

March 8, 2013