CBAK Energy Technology, Inc.

Regulatory Filings • Oct 10, 2012

8-K 1 form8k.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): October 3, 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)

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):

[_] 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 5.02. DEPARTURE OF DIRECTORS OR CERTAIN OFFICERS; ELECTION OF DIRECTORS; APPOINTMENT OF CERTAIN OFFICERS; COMPENSATORY ARRANGEMENTS OF CERTAIN OFFICERS.

On October 3, 2012, Mr. Jonathan Christopher Paugh resigned as a member of the Board of Directors of China BAK Battery, Inc. (the “Company”) as well as a member of the board’s Audit, Compensation and Nominating and Corporate Governance Committees. After Mr. Paugh’s appointment as a director of the Company on September 5, 2012, the staff of NASDAQ advised the Company of its concerns about Mr. Paugh’s independency. Accordingly, Mr. Paugh resigned and the Company is currently seeking a new independent director to fill the vacancies created by Mr. Paugh’s resignation.

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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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