8-K 1 v090075_8k.htm
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

October 11, 2007
Date of Report (Date of earliest event reported) 
___________________________________________________________

ACURA PHARMACEUTICALS, INC.
(Exact Name of Registrant as Specified in Charter)
___________________________________________________________
State of New York
1-10113
 11-0853640
(State of Other Jurisdiction
(Commission File Number)
(I.R.S. Employer
of Incorporation)
  
Identification Number)

616 N. North Court, Suite 120
Palatine, Illinois 60067
(Address of principal executive offices) (Zip Code)

(847) 705-7709
(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 (17CFR 240.13e- 4(c)) 

 
 
 
 
 
Item 5.03  Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year.
 
On October 11, 2007, the Registrant’s Board of Directors approved an amendment to the Registrant’s By-Laws, as amended (the "By-Laws"). The amendment allows for the issuance of either certificated or uncertificated shares of stock of the Registrant. Previously, only certificated shares of stock could be issued. The amendment is effective as of October 11, 2007. This amendment to the By-Laws will permit direct or "book-entry" registration of shares of the Registrant’s capital stock. The amended and restated By-Laws, as described herein, are attached hereto as Exhibit 3.1.
 
Item 9.01  Financial Statements and Exhibits
 
Exhibit Number
Description 
   
3.1
Amended and Restated By-Laws of Acura Pharmaceuticals, Inc.
 
 
 
 
 

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 thereunto duly authorized.

 
ACURA PHARMACEUTICALS, INC.
     
     
 
By:
/s/ Peter Clemens
   
Peter A. Clemens
   
Senior Vice President & Chief Financial Officer
     
Date: October 12, 2007
    

 
 
 
 

EXHIBIT INDEX
 
Exhibit Number
Description 
   
3.1
Amended and Restated By-Laws of Acura Pharmaceuticals, Inc.