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CBAK Energy Technology, Inc.

Regulatory Filings Mar 19, 2010

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8-K 1 v177986_8k.htm Unassociated Document Licensed to: Vintage Filings Document Created using EDGARizer 4.0.6.1 Copyright 1995 - 2008 EDGARfilings, Ltd., an IEC company. All rights reserved

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 AND EXCHANGE ACT OF 1934

Date of Report (Date of Earliest Event Reported): March 16, 2010

| CHINA
BAK BATTERY, INC. |
| --- |
| (Exact
name of registrant as specified in its
charter) |

Nevada 001-32898 86-0442833
(State
or other jurisdiction of
incorporation) (Commission
File No.) (IRS
Employer Identification
No.)

| BAK
Industrial Park, No. 1 BAK Street |
| --- |
| Kuichong
Town, Longgang District |
| Shenzhen,
518119 |
| People’s
Republic of China |
| (Address,
including zip code, of principal executive offices) |
| (86-755)
8977-0093 |
| (Registrant’s
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):

| o | Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425) |
| --- | --- |
| o | Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12) |
| o | Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b)) |
| o | Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c)) |

Item 5.07 Submission of Matters to a Vote of Security Holders

On March 16, 2010, China BAK Battery, Inc. (the “Company”) held its annual meeting of stockholders pursuant to notice duly given. There was no solicitation in opposition to management’s nominees as listed in its proxy statement and all such nominees were elected directors. In addition, the stockholders ratified the appointment of PKF as the Company’s independent registered public accounting firm for the fiscal year ending September 30, 2010. The proposal to ratify the appointment of PKF was a routine matter and, therefore, there were no broker non-votes relating to that matter. The results of the voting for each of these proposals were as follows:

  1. Election of Directors:

| Xiangqian
Li | 28,707,342 | 505,769 | 13,126,773 |
| --- | --- | --- | --- |
| Huanyu
Mao | 28,687,409 | 525,702 | 13,126,773 |
| Richard
B. Goodner | 25,440,568 | 3,772,543 | 13,126,773 |
| Chunzhi
Zhang | 25,623,023 | 3,590,088 | 13,126,773 |
| Charlene
Spoede Budd | 25,614,638 | 3,598,473 | 13,126,773 |

  1. Proposal to Ratify the Appointment of PKF:
For: 44,612,486
Against: 515,673
Abstain: 70,289

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.

| /s/
Tony Shen |
| --- |
| Tony
Shen |
| Chief
Financial Officer |

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