0001062993-13-003812.txt : 20130807 0001062993-13-003812.hdr.sgml : 20130807 20130807164707 ACCESSION NUMBER: 0001062993-13-003812 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20130807 ITEM INFORMATION: Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers: Compensatory Arrangements of Certain Officers ITEM INFORMATION: Other Events FILED AS OF DATE: 20130807 DATE AS OF CHANGE: 20130807 FILER: COMPANY DATA: COMPANY CONFORMED NAME: CHINA BAK BATTERY INC CENTRAL INDEX KEY: 0001117171 STANDARD INDUSTRIAL CLASSIFICATION: MISCELLANEOUS ELECTRICAL MACHINERY, EQUIPMENT & SUPPLIES [3690] IRS NUMBER: 880442833 STATE OF INCORPORATION: NV FISCAL YEAR END: 0930 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-32898 FILM NUMBER: 131018232 BUSINESS ADDRESS: STREET 1: BAK INDUSTRIAL PARK, NO. 1 BAK STREET STREET 2: KUICHONG TOWN, LONGGANG DISTRICT CITY: SHENZHEN PEOPLE STATE: F4 ZIP: 518119 BUSINESS PHONE: 86-755-8977-0093 MAIL ADDRESS: STREET 1: BAK INDUSTRIAL PARK, NO. 1 BAK STREET STREET 2: KUICHONG TOWN, LONGGANG DISTRICT CITY: SHENZHEN PEOPLE STATE: F4 ZIP: 518119 FORMER COMPANY: FORMER CONFORMED NAME: MEDINA COFFEE INC DATE OF NAME CHANGE: 20000626 8-K 1 form8k.htm FORM 8-K China BAK Battery, Inc.: Form 8-K - Filed by newsfilecorp.com

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): August 6, 2013

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, No. 1 BAK Street
Kuichong Town, Longgang District
Shenzhen, 518119
People’s Republic of China
(Address, including zip code, of principal executive offices)

(86-755) 6188-6818, ext 6856
(Registrant’s 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 5.02. DEPARTURE OF DIRECTORS OR CERTAIN OFFICERS; ELECTION OF DIRECTORS; APPOINTMENT OF CERTAIN OFFICERS; COMPENSATORY ARRANGEMENTS OF CERTAIN OFFICERS.

On August 6, 2013, the Board of Directors of China BAK Battery, Inc. (the “Company”) appointed Mr. Jonathan Christopher Paugh (“Mr. Paugh”) as a director of the Company. Mr. Paugh was also appointed by the Board to each of the Audit, Compensation and Nominating and Corporate Governance Committees and will act as the Chair of the Nominating and Corporate Governance Committee. In addition, the Board determined that Mr. Paugh meets the criteria for independent directors and audit committee members as set forth in NASDAQ Listing Rules 5605(a)(2) and 5605(c)(2)(A).

Mr. Paugh has been an associate at the law firm, Wojciechowski & Associates, P.C. since May 2008. From January 2004 to January 2008, Mr. Paugh was an associate at Powers & Frost L.L.P. Mr. Paugh’s practice primarily consists of defense litigation involving construction defects, professional liability, personal injury, and other commercial litigation matters. Mr. Paugh represents a wide array of companies, ranging from small businesses to large corporations, counseling and litigating employment and commercial disputes. Mr. Paugh obtained his Bachelor of Arts in Government from the University of Texas at Austin in 1998, and his Juris Doctorate degree from South Texas College of Law in 2003. He was a member of the Phi Delta Phi Honors Fraternity at South Texas College of Law.

There are no arrangements or understandings between Mr. Paugh and any other persons pursuant to which he was selected as a director and there are no transactions between the Company and Mr. Paugh that would require disclosure under Item 404(a) of Regulation S-K.

ITEM 8.01. OTHER EVENTS.

In connection with Mr. Paugh’s appointment, Ms. Martha Agee resigned from her position as the Chair of the Nominating and Corporate Governance Committee. The Board appointed Ms. Agee as the Chair of the Audit Committee and determined that Ms. Agee possesses accounting or related financial management experience that qualifies her as financially sophisticated within the meaning of NASDAQ Listing Rule 5605(c)(2)(A) and that she is an "audit committee financial expert" as defined by the rules and regulations of the Securities and Exchange Commission.

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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: August 7, 2013 By: /s/ Xiangqian Li                       
    Xiangqian Li
    Chief Executive Officer

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