CBAK Energy Technology, Inc.

Regulatory Filings • Nov 29, 2012

8-K 1 d8k.htm FORM 8-K China BAK Battery, Inc.: Form 8-K - Filed by newsfilecorp.com

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): November 26, 2012

CHINA BAK BATTERY, INC.
	(Exact name of registrant as specified in its charter)
Nevada	001-32898	86-0442833
(State or other jurisdiction	(Commission File No.)	(IRS Employer
of incorporation)		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) 6188-6818, ext 6856 (Registrant’s 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))

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Item 8.01. Other Events.

On November 29, 2012, China BAK Battery, Inc. (the “Company”) issued a press release announcing that it regained compliance with NASDAQ Listing Rules 5605(b)(1) and 5605(c)(2) (the “Listing Rules”) which require, among other things, that a majority of the Board of Directors be comprised of independent directors and the Company’s Audit Committee be comprised of at least three members. On November 26, 2012, the Company received notification from The Nasdaq Listing Qualifications department that the Company had regained compliance with the Listing Rules as a result of appointment of Martha Agee to the Company’s Board of Directors, the Audit, Compensation and Nominating and Corporate Governance Committees and that the matter of the Company's noncompliance with the Listing Rules, as notified by the Nasdaq Listing Qualifications department on October 11, 2012, had been closed.

A copy of the press release is attached to this Current Report on Form 8-K as Exhibit 99.1 and is incorporated herein by reference.

Item 9.01.	Financial Statements and Exhibits.
(d) Exhibits
Exhibit	Description
99.1	Press release dated
November 29, 2012

2

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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/ Xiangqian
Li |
| --- |
| Xiangqian Li |
| Chief Executive Officer |

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EXHIBIT INDEX

Exhibit	Description
99.1	Press release dated November
29, 2012

4