0001009448-16-000055.txt : 20161031 0001009448-16-000055.hdr.sgml : 20161031 20161031120503 ACCESSION NUMBER: 0001009448-16-000055 CONFORMED SUBMISSION TYPE: 10-K/A PUBLIC DOCUMENT COUNT: 3 CONFORMED PERIOD OF REPORT: 20151231 FILED AS OF DATE: 20161031 DATE AS OF CHANGE: 20161031 FILER: COMPANY DATA: COMPANY CONFORMED NAME: BOVIE MEDICAL Corp CENTRAL INDEX KEY: 0000719135 STANDARD INDUSTRIAL CLASSIFICATION: SURGICAL & MEDICAL INSTRUMENTS & APPARATUS [3841] IRS NUMBER: 112644611 STATE OF INCORPORATION: DE FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 10-K/A SEC ACT: 1934 Act SEC FILE NUMBER: 001-31885 FILM NUMBER: 161960712 BUSINESS ADDRESS: STREET 1: 4 MANHATTANVILLE ROAD, SUITE 106 CITY: PURCHASE STATE: NY ZIP: 10577 BUSINESS PHONE: 800-537-2790 MAIL ADDRESS: STREET 1: 4 MANHATTANVILLE ROAD, SUITE 106 CITY: PURCHASE STATE: NY ZIP: 10577 FORMER COMPANY: FORMER CONFORMED NAME: BOVIE MEDICAL CORP DATE OF NAME CHANGE: 19990216 FORMER COMPANY: FORMER CONFORMED NAME: AN CON GENETICS INC DATE OF NAME CHANGE: 19920703 10-K/A 1 bovie10ka2015.htm BOVIE 10K/A 12/31/2015 bovie10ka2015.htm
U.S. SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
 
FORM 10-K/A
Amendment No. 1
 
ANNUAL REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
 
For the fiscal year ended December 31, 2015
 
Commission file number 0-12183
 
BOVIE MEDICAL CORPORATION
(Exact name of registrant as specified in its charter)
 
Delaware
 
11-2644611
(State or other jurisdiction of
incorporation or organization)
 
(IRS Employer
Identification No.)
 
4 Manhattanville Road, Suite 106, Purchase, NY 10577
(Address of principal executive offices)
 
(914) 468-4009
(Issuer's telephone number)
 
Securities registered pursuant to Section 12(b) of the Act:
 
Title of each Class
 
Name of each Exchange on which registered
Common Stock, $.001 Par Value
 
NYSE MKT Market
 
Securities registered under Section 12(g) of the Exchange Act:
None
 
Indicate by check mark if the Company is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act. Yes: No x
 
Indicate by check mark if the Company is not required to file reports pursuant to Section 13 or Section 15(d) of the Act. Yes: No x
 
Indicate by check mark whether the registrant (1) filed all reports required to be filed by Section 13 or 15(d) of the Exchange Act of 1934 during the past 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes: No o
 
Indicate by check mark whether the registrant submitted electronically and posted on its corporate Website, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T (para 232.405 of this chapter) during the preceding 12 months ( or for such shorter period that the registrant was required to submit and post such files). Yes: No o
 
Indicate by checkmark if disclosure of delinquent filers pursuant to Item 405 of Regulation S-K is not contained herein, and will not be contained, to the best of registrant's knowledge, in definitive proxy or information statements incorporated by reference in Part III of this Form 10-K or any amendment to this Form 10-K. o
 
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting company. See definition of "large accelerated filer", "accelerated filer" and "smaller reporting company" in Rule 12b-2 of the Exchange Act (Check one):
 
Large accelerated filer
¨
Accelerated filer
¨
Non-accelerated filer
¨
Smaller reporting company
x
 
 
 

 
 
Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act). Yes: No x
 
The aggregate market value of the voting stock held by non-affiliates computed by reference to the price at which the stock was sold, or the average bid and asked prices of such stock, as of June 30, 2015, the registrant's most recently completed second fiscal quarter, was approximately $59,780,649.
 
The number of shares of the registrant's $.001 par value common stock outstanding on the NYSE MKT exchange as of March 16, 2016 was 27,051,172.
 
Company Symbol-BVX
Company SIC (Standard Industrial Code)-3841

 
DOCUMENTS INCORPORATED BY REFERENCE
 


None.
EXPLANATORY NOTE
 
This Amendment No. 1 on Form 10-K/A to Bovie Medical Corporation’s Annual Report on Form 10-K for the fiscal year ended December 31, 2015 is being filed solely for the purpose of including the auditor’s consent which was inadvertently omitted.














 
 

 

 
SIGNATURES
 
Pursuant to the requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized, in Clearwater, Florida on October 31, 2016.
 
 
Bovie Medical Corporation
 
       
 
By:
/s/ Robert L. Gershon
 
   
Robert L. Gershon
 
   
Chief Executive Officer and Director
 
   
(Principal Executive Officer)
 
       
 
By:
/s/ Jay D. Ewers
 
   
Jay D. Ewers
 
   
Chief Financial Officer,
 
   
Treasurer, and Secretary
 
   
(Principal Financial Officer)
 
 

 
EXHIBIT INDEX
 
Exhibit Number

 
23.1*                      Consent of Frazier & Deeter, LLC
 
 
23.2*                      Consent of Kingery & Crouse, PA
 

 
*           Filed herewith
 

 
 

 

EX-23.1 2 exhibit231.htm EXHIBIT 23.1 CONSENT - FRAZER & DEETER exhibit231.htm
 
CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
 
To the Board of Directors and Stockholders of
Bovie Medical Corporation
Purchase, New York
 
We hereby consent to the incorporation by reference in Registration Statement Numbers 333-195624 and 333-207206 on Form S-8 and Registration Statement Numbers 333-200986 and 333-203422 on Form S-3 of Bovie Medical Corporation, of our report dated March 18, 2016 on the consolidated financial statements of Bovie Medical Corporation as of and for the years ended December 31, 2015 and 2014, appearing in this Annual Report on Form 10-K..
 
 
/s/ Frazier & Deeter, LLC
 
Frazier & Deeter, LLC
Tampa, Florida
 
October 31, 2016

 

 
 

 

EX-23.2 3 exhibit232.htm EXHIBIT 23.2 CONSENT - KINGERY & CROUSE exhibit232.htm
CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTING FIRM
 
To the Board of Directors and Stockholders of Bovie Medical Corporation
 
We hereby consent to the incorporation by reference in Registration Statement Numbers 333-195624 and 333-207206 on Form S-8 and Registration Statement Numbers 333-200986 and 333-203422 on Form S-3 of Bovie Medical Corporation, of our report dated March 31, 2014, except for Note 19 as to which the date is May 8, 2014, on the consolidated statements of operations, stockholders’ equity, and cash flows for the year ended December 31, 2013 of Bovie Medical Corporation, appearing in this Annual Report on Form 10-K..
 
 
/s/ Kingery & Crouse, PA
 
Kingery & Crouse, PA
Tampa, Florida
 
October 31, 2016