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): June 12, 2015
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, Meigui Street
Huayuankou
Economic Zone
Dalian, China, 116422
Peoples Republic of
China
(Address, including zip code, of principal executive
offices)
86-411-39185985
(Registrants 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)) |
ITEM 5.07. SUBMISSION OF MATTERS TO A VOTE OF SECURITY HOLDERS.
On June 12, 2015, China BAK Battery, Inc. (the Company) held the 2015 Annual Meeting of Stockholders of the Company (the Annual Meeting) in Dalian, China. Holders of the Companys common stock at the close of business on April 20, 2015 (the Record Date) were entitled to vote at the Annual Meeting. As of the Record Date, there were 12,619,597 outstanding shares of common stock entitled to vote. A total of 8,352,549 shares of common stock (66.18%), constituting a quorum, were represented in person or by valid proxies at the Annual Meeting.
The stockholders voted on six proposals at the Annual Meeting. The proposals are described in detail in the Companys definitive proxy statement dated April 24, 2015 and the relevant portions of which are incorporated herein by reference. The final results for the votes regarding each proposal are set forth below.
Proposal 1: The Companys stockholders elected five directors to the Board of Directors of the Company to serve until the 2016 annual meeting of stockholders. The votes regarding this proposal were as follows:
Broker | ||||||||||||
Votes For | Votes Against | Abstentions | Non-Votes | |||||||||
Xiangqian Li | 4,782,616 | 187,614 | 208,092 | 3,174,227 | ||||||||
Chunzhi Zhang | 4,780,694 | 191,742 | 205,886 | 3,174,227 | ||||||||
Martha C. Agee | 4,785,033 | 187,603 | 205,686 | 3,174,227 | ||||||||
Jianjun He | 4,779,844 | 192,592 | 205,886 | 3,174,227 | ||||||||
Guosheng Wang | 4,785,884 | 186,546 | 205,892 | 3,174,227 |
Proposal 2: The Companys stockholders ratified the selection of Crowe Horwath (HK) CPA Limited as the Companys independent registered accounting firm for the fiscal year ending September 30, 2015. The votes regarding this proposal were as follows:
Votes For | Votes Against | Abstentions | ||
7,883,966 | 256,905 | 211,678 |
Proposal 3: The Companys stockholders approved an amendment to the Companys Articles of Incorporation and increased the authorized number of shares available for issuance from 20,000,000 to 500,000,000 shares of common stock, par value $0.001 per share.
The votes regarding this proposal were as follows:
Votes For | Votes Against | Abstentions | ||
6,755,662 | 1,382,002 | 214,885 |
Proposal 4: The Companys stockholders did not approve an amendment to the Companys Articles of Incorporation to authorize 10,000,000 shares of preferred stock, par value $0.001 per share of the Company, which may be issued in one or more series, with such rights, preferences, privileges and restrictions as shall be fixed by the Companys Board of Directors from time to time.
The votes regarding this proposal were as follows:
Votes For | Votes Against | Abstentions | Broker Non-Votes | |||
4,633,338 | 339,892 | 205,092 | 3,174,227 |
Proposal 5: The Companys stockholders approved an amendment to Section 1.7 of the Companys Stock Option Plan.
The votes regarding this proposal were as follows:
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Votes For | Votes Against | Abstentions | Broker Non-Votes | |||
4,658,617 | 306,118 | 214,587 | 3,173,227 |
Proposal 6: The Companys stockholders approved the China BAK Battery, Inc. 2015 Equity Incentive Plan.
The votes regarding this proposal were as follows:
Votes For | Votes Against | Abstentions | Broker Non-Votes | |||
4,624,785 | 340,283 | 213,254 | 3,174,227 |
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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.
CHINA BAK BATTERY, INC. | ||
Date: June 17, 2015 | By: | /s/ Xiangqian Li |
Xiangqian Li | ||
Chief Executive Officer |
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