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): February 20, 2007 (February 20, 2007)

CHINA BAK BATTERY, INC.


(Exact name of registrant as specified in its charter)


Nevada

 

000-49712

 

86-0442833


 


 


(State of Incorporation)

 

(Commission File No.)

 

(IRS Employer ID No.)


BAK Industrial Park, No. 1 BAK Street
Kuichong Town, Longgang District
Shenzhen, Peoples Republic of China, 518119


(Address of Principal Executive Offices)

 

Registrant’s telephone number, including area code:  (86-755) 8977-0093

 

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 7.01.   REGULATION FD DISCLOSURE.

          In anticipation of the planned presentation by China BAK Battery, Inc. (the “Company”) to a group of potential investors at the 19th Annual OC Stock Conference (the “Conference”) in Laguna Niguel, California, sponsored by Roth Capital Partners, LLC, the Company is filing this current report on Form 8-K to disclose its planned presentation materials in order to avoid the selective disclosure of any material nonpublic information at the Conference.  The Company’s presentation materials are attached hereto as Exhibit 99.1.

          The information contained in this Current Report on Form 8-K and the exhibits attached hereto shall not be deemed to be “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or otherwise subject to the liabilities of that section, nor shall such information or such exhibits be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific reference in such a filing. The information set forth in or exhibits to this Form 8-K shall not be deemed an admission as to the materiality of any information in this report on Form 8-K that is required to be disclosed solely to satisfy the requirements of Regulation FD.

ITEM 9.01.   FINANCIAL STATEMENTS AND EXHIBITS

          (d)         Exhibits.

99.1

Slide Presentation of China BAK Battery, Inc., dated February 2007.




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: February 20, 2007

By:

/s/ Xiangqian Li

 

 


 

 

Xiangqian Li

 

 

Chief Executive Officer




EXHIBITS INDEX

Exhibit No.

 

Description


 


99.1

 

Slide Presentation of China BAK Battery, Inc., dated February 2007.