8-K 1 v177986_8k.htm Unassociated Document

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): March 16, 2010
 
CHINA BAK BATTERY, 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, 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) 8977-0093
(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):
 
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 5.07    Submission of Matters to a Vote of Security Holders
 
On March 16, 2010, China BAK Battery, Inc. (the “Company”) held its annual meeting of stockholders pursuant to notice duly given. There was no solicitation in opposition to management’s nominees as listed in its proxy statement and all such nominees were elected directors. In addition, the stockholders ratified the appointment of PKF as the Company’s independent registered public accounting firm for the fiscal year ending September 30, 2010. The proposal to ratify the appointment of PKF was a routine matter and, therefore, there were no broker non-votes relating to that matter. The results of the voting for each of these proposals were as follows:
 
1.
Election of Directors:
 
   
For
   
Withheld
   
Broker
Non-Votes
 
               
Xiangqian Li
    28,707,342       505,769       13,126,773  
Huanyu Mao
    28,687,409       525,702       13,126,773  
Richard B. Goodner
    25,440,568       3,772,543       13,126,773  
Chunzhi Zhang
    25,623,023       3,590,088       13,126,773  
Charlene Spoede Budd
    25,614,638       3,598,473       13,126,773  
 
2.
Proposal to Ratify the Appointment of PKF:
 
       
For:
    44,612,486  
         
Against:
    515,673  
         
Abstain:
    70,289  
 



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: March 19, 2010
By:
/s/ Tony Shen
   
Tony Shen
   
Chief Financial Officer