UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(D)
OF THE SECURITIES EXCHANGE ACT OF 1934
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ITEM 4.01 CHANGE IN REGISTRANT’S CERTIFYING ACCOUNTANT
Elite Pharmaceuticals Inc. (the “Company”) was notified by Mazars USA LLP (“Mazars USA”), the Company’s independent registered public accounting firm, that Mazars USA had entered into a transaction with Forvis, LLP, on June 1, 2024, the result of which is that substantially all of the partners and employees of Mazars USA have joined Forvis, LLP, and Forvis, LLP has changed its name to Forvis Mazars, LLP (“Forvis Mazars”). Therefore, Mazars USA effectively resigned as the Company’s independent registered public accounting firm and Forvis Mazars now serves as the Company’s independent registered public accounting firm, as recommended by the Company’s Audit Committee and approved by the Company’s Board of Directors, effective June 1, 2024.
During the Company’s two most recent fiscal years, ended March 31, 2024 and March 31, 2023, and the interim period through June 3, 2024, neither the Company nor anyone acting on its behalf consulted with Forvis Mazars regarding (a) the application of accounting principles to a specified transaction, completed or proposed, or an audit opinion that might be rendered on the Company’s financial statements, and neither a written report nor oral advice was provided that Forvis Mazars concluded was an important factor considered by the Company in reaching a decision as to any accounting, auditing or financial reporting issue, or (b) any matter that was either the subject of a “disagreement” (as defined in Item 304(a)(1)(iv) of Regulation S-K promulgated under the Securities Exchange Act of 1934, as amended (“Regulation S-K”) and the related instructions thereto) or a “reportable event” (as described in Item 304(a)(1)(v) of Regulation S-K and the related instructions thereto).
From the date of Mazars USA’s appointment as the Company’s registered public accounting firm` through June 1, 2024, there were (i) no “disagreements” within the meaning of Item 304(a)(1)(iv) of Regulation S-K and the related instructions thereto with Mazars USA on any matter of accounting principles or practices, financial statement disclosure, or auditing scope or procedure, which disagreements, if not resolved to the satisfaction of Mazars USA, would have caused it to make reference to the subject matter of the disagreements in connection with its reports on the consolidated financial statements of the Company for such periods, and (ii) no “reportable events” within the meaning of Item 304(a)(1)(v) of Regulation S-K and the related instructions thereto.
The Company provided Mazars USA with a copy of the disclosures under this Item 4.01 prior to the time this Current Report on Form 8-K was filed with the Securities and Exchange Commission, and the Company requested that Mazars USA furnish the Company with a letter addressed to the Securities and Exchange Commission stating whether it agrees with the statements made by the Company in this Item 4.01 and, if not, stating the respects in which it does not agree. A copy of Mazars USA’s letter is filed as Exhibit 16.1 to this Current Report on Form 8-K.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits.
| Exhibit No. | Description | |
| 16.1 | Mazars USA letter dated June 5, 2024 | |
| 104 | Cover Page Interactive Data File (embedded within the Inline XBRL document). |
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.
| Dated: June 5, 2024 | ELITE PHARMACEUTICALS, INC. | |
| By: | /s/ Carter J. Ward | |
| Carter J. Ward, Chief Financial Officer | ||