0001213900-15-007765.txt : 20151019 0001213900-15-007765.hdr.sgml : 20151019 20151019161441 ACCESSION NUMBER: 0001213900-15-007765 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20151016 ITEM INFORMATION: Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20151019 DATE AS OF CHANGE: 20151019 FILER: COMPANY DATA: COMPANY CONFORMED NAME: TIANYIN PHARMACEUTICAL CO., INC. CENTRAL INDEX KEY: 0001362718 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] IRS NUMBER: 204857782 STATE OF INCORPORATION: DE FISCAL YEAR END: 0630 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-34189 FILM NUMBER: 151164387 BUSINESS ADDRESS: STREET 1: 23RD FLOOR, UNIONSUN YANGKUO PLAZA STREET 2: NO.2, BLOCK 3, RENMIN ROAD SOUTH CITY: CHENGDU, P.R. STATE: F4 ZIP: 610041 BUSINESS PHONE: 0086-028-86154737 MAIL ADDRESS: STREET 1: 23RD FLOOR, UNIONSUN YANGKUO PLAZA STREET 2: NO.2, BLOCK 3, RENMIN ROAD SOUTH CITY: CHENGDU, P.R. STATE: F4 ZIP: 610041 FORMER COMPANY: FORMER CONFORMED NAME: VISCORP, INC. DATE OF NAME CHANGE: 20060515 8-K 1 f8k101615_tianyinpharma.htm CURRENT REPORT

 

CURRENT REPORT FOR ISSUERS SUBJECT TO THE

1934 ACT REPORTING REQUIREMENTS

 

FORM 8-K

 

SECURITIES AND EXCHANGE COMMISSION

Washington, DC 20549

 

CURRENT REPORT

 

Pursuant to Section 13 or 15(d) of the Securities Exchange Act

 

October 16, 2015

Date of Report

(Date of Earliest Event Reported)

 

Tianyin Pharmaceutical Co, Inc.

(Exact name of registrant as specified in its charter)

 

Delaware   000-52236   20-4857782

(State or other jurisdiction

of incorporation)

  (Commission File Number)  

(IRS Employer

Identification No.)

 

23rd Floor, Unionsun Yangkuo Plaza, No. 2, Block 3

South Renmin Road

Chengdu, P. R. China, 610041

(Address of principal executive offices (zip code))

 

+011-86-28- 8551-6696

(Registrant’s telephone number, including area code)

 

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 240.13d-4(c))

 

 

  

Section 3 – Securities and Trading Markets

 

Item 3.01 Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing

 

On October 16, 2015, Tianyin Pharmaceutical Co., Inc. (the “Company”) received a notice from the NYSE MKT Staff indicating that the Company is below certain of the continued listing standards of the NYSE MKT (the “Exchange”) as set forth in Sections 134 and 1101 of the NYSE MKT Company Guide, due to the delay in filing its Annual Report on Form 10-K for the year ended June 30, 2015 (the “Form 10-K”) beyond the extended filing due date. Currently the Company is working diligently to compile and disseminate the information required to be included in the Form 10-K. The Company expects to file the Form 10-K before the deadline set by the Exchange.

 

On October 19, 2015, we issued a press release regarding the receipt of the notice of delinquency from the NYSE MKT. A copy of the press release is attached hereto as Exhibit 99.1 and incorporated herein in its entirety.

  

Section 9 – Financial Statements and Exhibits

 

Item 9.01:  Financial Statements and Exhibits

 

(c) Exhibits

 

Exhibit No.   Description
     
99.1   Press Release dated October 19, 2015

 

2 

 

 

SIGNATURES

 

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.

 

 

TIANYIN PHARMACEUTICAL CO., INC.

   
  By:  /s/ Guoqing Jiang
    Name: Guoqing Jiang
Title:   Chief Executive Officer, Chairman

Dated: October 19, 2015

 

3 

 

 

 

 

EX-99.1 2 f8k101615ex99i_tianyinpharma.htm PRESS RELEASE DATED OCTOBER 19, 2015

Exhibit 99.1

 

TPI Received Notice of Non-Compliance with NYSE MKT Continued Listing Requirements

 

Tianyin Pharmaceutical Inc. (NYSE Amex: TPI) (the “Company”), a pharmaceutical company that specializes in the patented biopharmaceutical, modernized traditional Chinese medicine (mTCM), branded generics and active pharmaceutical ingredients (API), received notice on October 16, 2015 from the NYSE MKT LLC (the “Exchange”) indicating that the Company is below certain of the Exchange’s continued listing standards, as set forth in Sections 134 and 1101 of the NYSE MKT Company Guide, due to the delay in filing of its Annual Report on Form 10-K for the year ended June 30, 2015 (the “Form 10-K”). Under NYSE MKT rules, until the Company files the Form 10-K, its common stock will remain listed on the NYSE MKT under the symbol “TPI,” but will be assigned an “.LF” indicator to signify late filing status. Five business days following the receipt of the noncompliance letter, the Company will be added to the list of NYSE MKT noncompliant issuers on the website and the indicator will be disseminated with the Company’s ticker symbol. The indicator will be removed when the Company has regained compliance with all applicable continued listing standards.

 

In order to maintain its listing, the Company must submit a plan of compliance by November 15, 2015 addressing how it intends to regain compliance with Sections 134 and 1101 of the NYSE MKT Company Guide by April 15, 2016. If the plan is accepted, the Company may be able to continue its listing but will be subject to periodic reviews by the Exchange. If the plan is not accepted or if it is accepted but the Company is not in compliance with the continued listing standards by April 15, 2016, or if the Company does not make progress consistent with the plan, the Exchange will initiate delisting procedures as appropriate. The Company intends to submit a compliance plan on or before the deadline set by the Exchange.

 

Currently the Company is working diligently to compile and disseminate the information required to be included in the Form 10-K. The Company expects to file the Form 10-K before the deadline set by the Exchange.

 

About TPI

 

Headquartered at Chengdu, China, TPI is a pharmaceutical company that specializes in the development, manufacturing, marketing and sales of patented biopharmaceutical, mTCM, branded generics and API. TPI currently manufactures a comprehensive portfolio of 58 products, 24 of which are listed in the highly selective national medicine reimbursement list, 10 are included in the essential drug list (EDL) of China. TPI’s pipeline targets various high incidence healthcare indications. For more information about TPI, please visit: http://www.tianyinpharma.com

 

Safe Harbor Statement

 

The Statements which are not historical facts contained in this press release are forward-looking statements that involve certain risks and uncertainties including but not limited to risks associated with the uncertainty of future financial results, additional financing requirements, development of new products, government approval processes, the impact of competitive products or pricing, technological changes, the effect of economic conditions and other uncertainties detailed in the Company's filings with the Securities and Exchange Commission.

 

For more information, please contact:

 

Investors Contact: ir@tpi.asia

Web: http://www.tianyinpharma.com

Tel: +86-28-8551-6696 (Chengdu, China)

 

Address:

23rd Floor Unionsun Yangkuo Plaza

No. 2, Block 3, South Renmin Road

Chengdu, 610041

China