Current Report Filing (8-k)
March 25 2020 - 04:14PM
Edgar (US Regulatory)
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
Date of Report (Date of Earliest Event Reported): March 25,
2020
CBAK ENERGY TECHNOLOGY,
INC. |
(Exact name of registrant as specified in its
charter) |
Nevada |
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001-32898 |
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86-0442833 |
(State or other jurisdiction
of incorporation) |
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(Commission File No.) |
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(IRS Employer
Identification No.) |
BAK Industrial Park, Meigui
Street |
Huayuankou Economic Zone |
Dalian, China, 116450 |
(Address, including zip code, of principal
executive offices) |
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(86)(411)-3918-5985 |
(Registrant’s telephone number, including area
code) |
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(Former name or former address, if changed
since last report) |
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Securities registered or to be registered pursuant to Section 12(b)
of the Act:
Title of each class |
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Trading Symbol(s) |
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Name of each exchange on which
registered |
Common
Stock, $0.001 par value |
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CBAT |
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Nasdaq
Capital Market |
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):
☐ |
Written
communications pursuant to Rule 425 under the Securities Act (17
CFR 230.425) |
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☐ |
Soliciting material pursuant to
Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
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☐ |
Pre-commencement communications
pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b)) |
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☐ |
Pre-commencement communications
pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c)) |
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Indicate by check mark whether the registrant is an emerging growth
company as defined in Rule 405 of the Securities Act of 1933
(§230.405 of this chapter) or Rule 12b-2 of the Securities
Exchange Act of 1934 (§240.12b-2 of this chapter).
Emerging growth company o
If
an emerging growth company, indicate by check mark if the
registrant has elected not to use the extended transition period
for complying with any new or revised financial accounting
standards provided pursuant to Section 13(a) of the
Exchange Act. o
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ITEM 8.01. OTHER EVENTS.
Inability to file Annual Report on Form 10-K for the year ended
December 31, 2019 by the original deadline of March 30, 2020 due to
circumstances related to COVID-19.
CBAK Energy Technology, Inc. (the “Company”) will be unable to file
its 2019 Annual Report on Form 10-K (the “10-K”) by March 30, 2020
due to circumstances related to COVID-19. All of the Company’s
operating subsidiaries, employees and production facilities are
located in China which has been affected by the outbreak of
COVID-19 since December 2019. From January to February 2020, the
Chinese government imposed nationwide travel restrictions and
quarantine control, and we largely suspended our operations during
this period. As a result, the Company’s finance department will be
unable to complete the preparation of the Company’s consolidated
financial statements and the 10-K without undue hardship and
expense to the Company until after March 30, 2020.
The Company is relying on the SEC order under Section 36 of the
Securities Exchange Act of 1934, as amended (the “Exchange Act”),
dated March 25, 2020 (Release No. 34-88465) to extend the due date
for the filing of the 10-K until May 14, 2020 (45 days after the
original due date). The Company will work diligently to comply with
such requirement and, at this time, management believes that it
will need the entire available extension period.
The Company is supplementing
the risk factors previously disclosed in the Company’s Annual
Report on Form 10-K for the year ended December 31, 2018 and its
subsequent Quarterly Reports on Form 10-Q with the following risk
factor:
Our business operations have been and may continue to be
materially and adversely affected by the outbreak of the
coronavirus (COVID-19).
An outbreak of respiratory illness caused by COVID-19 emerged in
late 2019 and has spread within the PRC and globally. The
coronavirus is considered to be highly contagious and poses a
serious public health threat. The World Health Organization labeled
the coronavirus a pandemic on March 11, 2020, given its threat
beyond a public health emergency of international concern the
organization had declared on January 30, 2020.
Any outbreak of health epidemics or other outbreaks of diseases in
the PRC or elsewhere in the world may materially and adversely
affect the global economy, our markets and our business. In the
first quarter of 2020, the COVID-19 outbreak has caused disruptions
in our manufacturing operations and temporary closure of our
offices. A prolonged disruption or any further unforeseen delay in
the procurement, manufacturing and assembly process within our
production facilities could continue to result in delays in the
shipment of our products to customers, increased costs and reduced
revenue.
As the coronavirus epidemic expands globally, the world economy is
suffering a noticeable slowdown. If this outbreak persists,
commercial activities throughout the world could be curtailed with
decreased consumer spending, business operation disruptions,
interrupted supply chain, difficulties in travel, and reduced
workforces. The duration and intensity of disruptions resulting
from the coronavirus outbreak is uncertain. It is unclear as to
when the outbreak will be contained, and we also cannot predict if
the impact will be short-lived or long-lasting. The extent to which
the coronavirus impacts our financial results will depend
on its future developments. If the outbreak of the coronavirus is
not effectively controlled in a short period of time, our business
operation and financial condition may be materially and adversely
affected as a result of any slowdown in economic growth, operation
disruptions or other factors that we cannot predict.
***
Forward-Looking Statements
Statements in this Current
Report on Form 8-K are “forward-looking statements” as
the term is defined under applicable securities laws. These
statements include the anticipated timing of the filing of
Company’s 10-Kunder the Exchange Act, the expected impact of
the COVID-19 outbreak on the Company’s financial
reporting capabilities and its operations generally, and the
potential adverse effects of such pandemic on the overall business
environment. These and other forward-looking statements are subject
to risks, uncertainties and other factors that could cause actual
results to differ materially from those statements. Such risks and
uncertainties are, in many instances, beyond the Company’s control.
Forward-looking statements, which are presented as of the date of
this filing, will not be updated to reflect events or circumstances
after the date of this report except as required by law.
1
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.
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CBAK ENERGY
TECHNOLOGY, INC. |
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Date: March 25,
2020 |
By: |
/s/ Yunfei Li |
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Yunfei Li |
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Chief Executive
Officer |
CBAK Energy Technology (NASDAQ:CBAT)
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