Amended Current Report Filing (8-k/a)

 

 

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549

 

FORM 8-K/A

(Amendment No. 1)

 

CURRENT REPORT

 

PURSUANT TO SECTION 13 OR 15(d)
OF THE SECURITIES EXCHANGE ACT OF 1934

 

Date of Report (Date of Earliest Event Reported): December 23, 2022

 

CBAK ENERGY TECHNOLOGY, INC.

 

(Exact name of registrant as specified in its charter)

 

Nevada		001-32898		86-0442833
(State or other jurisdiction  of incorporation)		(Commission File No.)		(IRS Employer Identification No.)

 

BAK Industrial Park, Meigui Street

Huayuankou Economic Zone

Dalian, China, 116450

(Address, including zip code, of principal executive offices)

 

(86)(411)-3918-5985

(Registrant’s telephone number, including area code)

 

 

(Former name or former address, if changed since last report)

 

Securities registered or to be registered pursuant to Section 12(b) of the Act:

 

Title of each class		Trading Symbol(s)		Name of each exchange on which registered
Common Stock, $0.001 par value		CBAT		Nasdaq Capital Market

 

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))

 

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).

 

Emerging growth company ☐

 

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐

 

 

 

 

 

 

EXPLANATORY NOTE

 

On December 23, 2022, CBAK Energy Technology, Inc. (the “Company”) filed with the Securities and Exchange Commission a Current Report on Form 8-K (the “Original Report”) to report the voting results of the proposals submitted to the stockholders at the 2022 annual meeting of stockholders of the Company (the “Annual Meeting”) held on December 23, 2022. This Amendment No.1 to the Original Report on Form 8-K/A (the “Form 8-K/A”) is being filed to correct the number of shares voted with respect to the proposals as noted below. The corrections are immaterial and do not impact the outcome of the vote on any of the proposals. This Form 8-K/A amends and restates thee disclosure provided under Item 5.07 of the Original Report in its entirety.

 

ITEM 5.07. SUBMISSION OF MATTERS TO A VOTE OF SECURITY HOLDERS.

 

Holders of the Company’s common stock at the close of business on October 25, 2022 (the “Record Date”) were entitled to vote at the Annual Meeting. As of the Record Date, there were 88,990,858 outstanding shares of common stock entitled to vote. A total of 40,978,112 shares of common stock (46.05%), constituting a quorum, were represented in person or by valid proxies at the Annual Meeting.

 

The stockholders voted on two proposals at the Annual Meeting. The proposals are described in detail in the Company’s definitive proxy statement dated October 28, 2022 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 Company’s stockholders elected five directors to the Board of Directors of the Company to serve until the 2023 annual meeting of stockholders. The votes regarding this proposal were as follows:

 

		Votes For				Votes Against				Abstentions				Broker Non-Votes
Yunfei Li			26,996,038				339,464				165,791				13,476,819
J. Simon Xue			26,890,800				501,777				108,715				13,476,820
Martha C. Agee			26,729,232				644,993				127,067				13,476,820
Jianjun He			26,712,874				678,754				109,663				13,476,821
Xiangyu Pei			26,733,745				639,895				127,652				13,476,820

 

Proposal 2: The Company’s stockholders ratified the appointment of Centurion ZD CPA & Co. as the Company’s independent registered public accounting firm for the fiscal year ending December 31, 2022. The votes regarding this proposal were as follows:

 

Votes For		Votes Against		Abstentions
40,076,307		656,693		245,112

 

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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.

 

	CBAK ENERGY TECHNOLOGY, INC.
Date:  December 28, 2022	By:	/s/ Xiangyu Pei
		Xiangyu Pei
		Interim Chief Financial Officer

 

 

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