UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
POST-EFFECTIVE AMENDMENT NO. 1 TO
FORM SB-2 REGISTRATION STATEMENT NO. 333-122209
UNDER THE
SECURITIES ACT OF 1933
CHINA BAK BATTERY, INC.
(Name of Small Business Issuer in Its Charter)
| Nevada | 3692 | 88-0442833 | ||
| (State or Other Jurisdiction of Incorporation) | (Primary Standard Industrial Classification Code Number) | (IRS Employer Identification No.) |
BAK Industrial Park, No. 1 BAK Street
Kuichong Town, Longgang District
Shenzhen
People’s Republic of China
(86-755) 8977-0093
(Address of Telephone Number of Principal Executive Offices)
Nevada Agency and Trust Company
50 West Liberty Street, Suite 880
Reno, Nevada 89501
(775) 322-5623
(Name, Address and Telephone Number of Agent for Service)
With copy to:
David T. Zhang
Latham & Watkins LLP
41st Floor
One Exchange Square
8 Connaught Place, Central
Hong Kong
Telephone: (852) 2522-7886
Facsimile: (852) 2522-7006
TERMINATION OF OFFERING AND REMOVAL OF SECURITIES FROM REGISTRATION
On January 21, 2005, China BAK Battery, Inc. (the “Company”) filed Registration Statement No. 333-122209 on Form SB-2, as amended from time to time thereafter, to register 12,626,264 shares of common stock, $0.001 par value per share, of the Company’s common stock (“Common Stock”) owned by the selling stockholders listed therein (the “Selling Stockholders”).
On August 2, 2006, the Company determined that the financial statements contained in the Registration Statement should no longer be relied upon.
Pursuant to an undertaking made in Item 28 of the Registration Statement, the Company hereby removes from registration all shares of Common Stock that have not been sold by the Selling Stockholders pursuant to such Registration Statement during the effective period.
SIGNATURES
Pursuant to the requirements of the Securities Act of 1933, the registrant determines that it has reasonable grounds to believe that it meets all of the requirements for filing on Form SB-2 and authorized this registration statement to be signed on its behalf by the undersigned, in the city of Shenzhen, the People’s Republic of China, on August 4, 2006.
| CHINA BAK BATTERY, INC. (Registrant) | ||||
| By: | /s/ Xiangqian Li
| |||
| Xiangqian Li | ||||
| Chairman, President and | ||||
| Chief Executive Officer | ||||
Pursuant to the requirements of the Securities Act of 1933, this registration statement has been signed by the following persons in the capacities and the dates indicated.
| Signature |
Title |
Date | ||
|
/s/ Xiangqian Li |
||||
| Xiangqian Li |
Director, Chairman of the Board, President and Chief Executive Officer (Principal Executive Officer) |
August 4, 2006 | ||
| /s/ Yongbin Han |
||||
| Yongbin Han |
Chief Financial Officer and Treasurer (Principal Financial Officer and Principal Accounting Officer) |
August 4, 2006 | ||
| /s/ Huanyu Mao |
||||
| Huanyu Mao |
Director, Chief Operating Officer and Chief Technology Officer | August 4, 2006 | ||
| Richard B. Goodner |
Director | |||
|
/s/ Joseph R. Mannes |
||||
| Joseph R. Mannes |
Director | August 4, 2006 | ||
| Jay J. Shi |
Director | |||