-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, Ve2oYkw+PhfJWVajtPU5+DCV205PJhGrmMVSFeONVZIp9TWm/GogCRaPYSMhWymO 2NERxVU1hUQcAQ+o+noreA== 0000808326-10-000012.txt : 20100309 0000808326-10-000012.hdr.sgml : 20100309 20100309134701 ACCESSION NUMBER: 0000808326-10-000012 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20100304 ITEM INFORMATION: Changes in Registrant's Certifying Accountant ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20100309 DATE AS OF CHANGE: 20100309 FILER: COMPANY DATA: COMPANY CONFORMED NAME: EMCORE CORP CENTRAL INDEX KEY: 0000808326 STANDARD INDUSTRIAL CLASSIFICATION: SEMICONDUCTORS & RELATED DEVICES [3674] IRS NUMBER: 222746503 STATE OF INCORPORATION: NJ FISCAL YEAR END: 0930 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-22175 FILM NUMBER: 10666342 BUSINESS ADDRESS: STREET 1: 10420 RESEARCH ROAD, SE CITY: ALBUQUERQUE STATE: NM ZIP: 87123 BUSINESS PHONE: 505-332-5000 MAIL ADDRESS: STREET 1: 10420 RESEARCH ROAD, SE CITY: ALBUQUERQUE STATE: NM ZIP: 87123 8-K 1 form8-k.htm FORM 8-K form8-k.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

 
March 4, 2010
Date of Report (Date of earliest event reported)

 
EMCORE CORPORATION
Exact Name of Registrant as Specified in its Charter


New Jersey
0-22175
22-2746503
State of Incorporation
Commission File Number
IRS Employer Identification Number

 
10420 Research Road, SE, Albuquerque, NM  87123
Address of principal executive offices, including zip code

 
(505) 332-5000
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:

             Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 
 
 

 


Item 4.01                      Changes in Registrant’s Certifying Accountant.

(a) Previous independent registered public accounting firm.
 
 
On March 4, 2010, EMCORE Corporation (the “Registrant”) dismissed Deloitte & Touche LLP (“Deloitte”) as its independent registered public accounting firm.  The decision to dismiss the Registrant’s independent registered public accounting firm was approved by the Audit Committee of the Board of Directors of the Registrant.

Deloitte’s report on the Registrant’s financial statements for the fiscal year ended September 30, 2009 did not contain an adverse opinion or disclaimer of opinion, nor was it qualified or modified as to uncertainty, audit scope, or any accounting principles.  Deloitte’s report on the Registrant’s financial statements for the fiscal year ended September 30, 2008 expressed an unqualified opinion and included an explanatory paragraph relating to the Registrant’s ability to continue as a going concern.
 
 
During the Registrant’s fiscal years ended September 30, 2009 and 2008 and through March 4, 2010, there have been no disagreements with Deloitte on any matters of accounting principles or practices, financial statement disclosure, or auditing scope and procedures; which disagreements, if not resolved to the satisfaction of Deloitte, would have caused Deloitte to make reference to such disagreements in their reports on the Registrant’s financial statements for such years.  In addition, during the same period, there were no reportable events as described in Item 304(a)(1)(v) of Regulation S-K.

The Registrant has provided Deloitte with a copy of the foregoing disclosures and requested that Deloitte furnish the Registrant with a letter addressed to the Securities and Exchange Commission stating whether or not it agrees with the above statements. A copy of the letter from Deloitte, dated March 8, 2010, is filed as Exhibit 16.1 to this Form 8-K.


(b) New independent registered public accounting firm.

The Registrant has engaged KPMG LLP (“KPMG”) as its new independent registered public accounting firm as of March 5, 2010.  During the Registrant’s fiscal years ended September 30, 2009 and 2008 and through March 4, 2010, the Registrant did not consult with KPMG regarding any of the matters described in Item 304(a)(2)(i) and (ii) of Regulation S-K.


 
Item 9.01                      Financial Statements and Exhibits.
 
 
(d) Exhibits
     
Exhibit Number
 
Exhibit Description
     
16.1
 
Letter from Deloitte & Touche LLP to the Securities and Exchange Commission dated March 8, 2010.




 
 

 


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.
 
 
EMCORE CORPORATION
 Dated: March 9, 2010
 
 
 
By: /s/ John M. Markovich
 
Name: John M. Markovich
Title:   Chief Financial Officer


EX-16.1 2 ex16-1.htm EXHIBIT 16-1 - DELOITTE LETTER ex16-1.htm
 
 
EXHIBIT 16.1
March 8, 2010
 
Securities and Exchange Commission
 
100 F Street, N.E.
 
Washington, D.C. 20549-7561
 
 
 
 
Dear Sirs/Madams:
 
 
We have read Item 4 of Emcore Corporation's Form 8-K dated March 4, 2010, and have the following comments:
 
1.           We agree with the statements made in the first sentence of the first paragraph and in the second, third and fourth paragraphs of Item 4.a.
 
2.           We have no basis on which to agree or disagree with the statements made in the second sentence of the first paragraph or any of the statements in Item 4.b.
 
 
 
Yours truly,
 
/s/ Deloitte & Touche LLP
Deloitte & Touche LLP
 
Dallas, Texas
 
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