0001193125-19-034487.txt : 20190212 0001193125-19-034487.hdr.sgml : 20190212 20190211215502 ACCESSION NUMBER: 0001193125-19-034487 CONFORMED SUBMISSION TYPE: SC 13G/A PUBLIC DOCUMENT COUNT: 2 FILED AS OF DATE: 20190212 DATE AS OF CHANGE: 20190211 GROUP MEMBERS: ADVANCE DATA SERVICES LTD SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: Athenex, Inc. CENTRAL INDEX KEY: 0001300699 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] IRS NUMBER: 431985966 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: SC 13G/A SEC ACT: 1934 Act SEC FILE NUMBER: 005-90029 FILM NUMBER: 19587449 BUSINESS ADDRESS: STREET 1: 1001 MAIN STREET STREET 2: SUITE 600 CITY: BUFFALO STATE: NY ZIP: 14203 BUSINESS PHONE: 716-898-8625 MAIL ADDRESS: STREET 1: 1001 MAIN STREET STREET 2: SUITE 600 CITY: BUFFALO STATE: NY ZIP: 14203 FORMER COMPANY: FORMER CONFORMED NAME: Kinex Pharmaceuticals, Inc. DATE OF NAME CHANGE: 20131223 FORMER COMPANY: FORMER CONFORMED NAME: Kinex Pharmaceuticals LLC DATE OF NAME CHANGE: 20040817 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: Ma Huateng CENTRAL INDEX KEY: 0001711474 FILING VALUES: FORM TYPE: SC 13G/A MAIL ADDRESS: STREET 1: 29/F THREE PACIFIC PLACE STREET 2: 1 QUEEN'S ROAD EAST, WANCHAI CITY: HONG KONG STATE: F4 ZIP: 000000 SC 13G/A 1 d647775dsc13ga.htm SC 13G/A SC 13G/A

 

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

 

SCHEDULE 13G

Under the Securities Exchange Act of 1934

(Amendment No. 1)*

 

 

Athenex, Inc.

(Name of Issuer)

Common Stock, par value US$0.001 per share

(Title of Class of Securities)

04685N103

(CUSIP Number)

December 31, 2018

(Date of Event Which Requires Filing of this Statement)

 

 

Check the appropriate box to designate the rule pursuant to which this Schedule is filed:

☐ Rule 13d-1(b)

☐ Rule 13d-1(c)

☒ Rule 13d-1(d)

 

*

The remainder of this cover page shall be filled out for a reporting person’s initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter the disclosures provided in a prior cover page.

The information required in the remainder of this cover page shall not be deemed to be “filed” for the purpose of Section 18 of the Securities Exchange Act of 1934 (“Act”) or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes).

 

 

 

SCHEDULE 13G

 

CUSIP No. 04685N103  

 

  1   

Name of Reporting Person

 

Huateng Ma

  2  

Check the Appropriate Box if a Member of a Group (See Instructions)

(a)  ☐        (b)  ☐

 

  3  

SEC Use Only

 

  4  

Citizenship or Place of Organization

 

People’s Republic of China

Number of

Shares

Beneficially

Owned by

Each

Reporting

Person

With:

    5    

Sole Voting Power

 

6,205,800

   6   

Shared Voting Power

 

0

   7   

Sole Dispositive Power

 

6,205,800

   8   

Shared Dispositive Power

 

0

  9  

Aggregate Amount Beneficially Owned by Each Reporting Person

 

6,205,800

10  

Check if the Aggregate Amount in Row (9) Excludes Certain Shares (See Instructions)  ☐

 

11  

Percent of Class Represented by Amount in Row (9)

 

9.3%*

12  

Type of Reporting Person (See Instructions)

 

IN

 

*

The percentages used in this Schedule 13G are calculated based on a total of 66,893,883 shares of common stock of the Issuer, as reported in the Issuer’s Form 10-Q filed on November 14, 2018.

  1   

Name of Reporting Person

 

Advance Data Services Limited

  2  

Check the Appropriate Box if a Member of a Group (See Instructions)

(a)  ☐        (b)  ☐

 

  3  

SEC Use Only

 

  4  

Citizenship or Place of Organization

 

British Virgin Islands

Number of

Shares

Beneficially

Owned by

Each

Reporting

Person

With:

    5    

Sole Voting Power

 

6,205,800

   6   

Shared Voting Power

 

0

   7   

Sole Dispositive Power

 

6,205,800

   8   

Shared Dispositive Power

 

0

  9  

Aggregate Amount Beneficially Owned by Each Reporting Person

 

6,205,800

10  

Check if the Aggregate Amount in Row (9) Excludes Certain Shares (See Instructions)  ☐

 

11  

Percent of Class Represented by Amount in Row (9)

 

9.3%*

12  

Type of Reporting Person (See Instructions)

 

CO

 

*

The percentages used in this Schedule 13G are calculated based on a total of 66,893,883 shares of common stock of the Issuer, as reported in the Issuer’s Form 10-Q filed on November 14, 2018.

Item 1.

 

  (a)

Name of Issuer:

Athenex, Inc.

 

  (b)

Address of Issuer’s Principal Executive Offices:

1001 Main Street, Suite 600, Buffalo, NY 14203

Item 2.

 

  (a)

Name of Person Filing:

Huateng Ma and Advance Data Services Limited (collectively, the “Reporting Persons”)

 

  (b)

Address of Principal Business Office or, if none, Residence:

The address of the Reporting Persons is 29/F Three Pacific Place, 1 Queen’s Road East, Wanchai, Hong Kong.

 

  (c)

Citizenship:

Huateng Ma is a citizen of the People Republic of China. Advance Data Services Limited is a British Virgin Islands company solely owned by Huateng Ma.

 

  (d)

Title and Class of Securities:

Common stock, $0.001 par value per share (the “Shares”)

 

  (e)

CUSIP No.:

04685N103

 

Item 3.

If this statement is filed pursuant to §§240.13d-1(b), or 240.13d-2(b) or (c), check whether the person filing is a:

Not applicable.

 

Item 4.

Ownership

 

Reporting
Person(1)

    Amount
beneficially
owned		      Percent of
class		     Sole power
to vote or
direct to
vote		      Shared
power to
vote or to
direct the
vote		      Sole power
to
dispose or
to
direct the
disposition
of(1)		      Shared
power
to dispose
or
to direct the
disposition
of		  

Huateng Ma

      6,205,800        9.3 %      6,205,800        0        6,205,800        0  

Advance Data Services Limited

      6,205,800        9.3 %      6,205,800        0        6,205,800        0  

 

(1)

As of December 31, 2018, Advance Data Services Limited directly owned 6,205,800, or 9.3%, of the Issuer’s common stock. Advance Data Services Limited is wholly-owned by Huateng Ma. Accordingly, Huateng Ma may thereby be deemed to beneficially own the 6,205,800 shares of the Issuer’s common stock owned by Advance Data Services Limited.

Item 5.

Ownership of Five Percent or Less of a Class.

Not applicable.

 

Item 6.

Ownership of More than Five Percent on Behalf of Another Person.

Not applicable.

 

Item 7.

Identification and Classification of the Subsidiary Which Acquired the Security Being Reported on By the Parent Holding Company or Control Person.

Not applicable.

 

Item 8.

Identification and Classification of Members of the Group.

Not applicable.

 

Item 9.

Notice of Dissolution of Group.

Not applicable.

 

Item 10.

Certifications.

Not applicable.

SIGNATURES

After reasonable inquiry and to the best of our knowledge and belief, the undersigned certify that the information set forth in this statement is true, complete and correct.

Dated: February 11, 2019

 

HUATENG MA

By:   /s/ Huateng Ma

ADVANCE DATA SERVICES LIMITED

By:   /s/ Huateng Ma
Name:   Huateng Ma
Title:   Director

EXHIBIT INDEX

 

Exhibit No.

   

Description

99.1    Joint Filing Agreement
EX-99.1 2 d647775dex991.htm EX-99.1 EX-99.1

Exhibit 99.1

JOINT FILING AGREEMENT

In accordance with Rule 13d-1(k) promulgated under the Securities Exchange Act of 1934, as amended, the undersigned hereby agree to the joint filing with all other Reporting Persons (as such term is defined in the Schedule 13G referred to below) on behalf of each of them of a statement on Schedule 13G (including amendments thereto) with respect to the shares of common stock, par value of $0.001 per share, of Athenex, Inc., a Delaware company, and that this Agreement may be included as an Exhibit to such joint filing. This Agreement may be executed in any number of counterparts, all of which taken together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the undersigned hereby execute this Agreement as of February 11, 2019.

 

HUATENG MA
/s/ Huateng Ma
ADVANCE DATA SERVICES LIMITED
By:   /s/ Huateng Ma
Name: Huateng Ma
Title: Director