UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 6-K
REPORT OF FOREIGN PRIVATE ISSUER
PURSUANT TO RULE 13a-16 OR 15d-16
UNDER THE SECURITIES EXCHANGE ACT OF 1934
For the month of January 2024
Commission File Number: 001-38024
BeyondSpring Inc.
BeyondSpring Inc.
100 Campus Drive, West Side, 4th Floor, Suite 410
Florham Park, New Jersey 07932
(Address of principal executive office)
Indicate by check mark whether the registrant files or will file annual reports under cover of Form 20-F or Form 40-F.
Form 20-F ☒ Form 40-F ☐
Change in Registrant’s Certifying Accountant
BeyondSpring Inc. (the “Company”) today announced the appointment of Marcum LLP (“Marcum”) as its independent registered public
accounting firm, effective January 5, 2024. Marcum replaced Ernst & Young Hua Ming LLP (“EY”), the former independent registered public accounting firm of the Company, which the Company dismissed on November 14, 2023. The change of the Company’s
independent auditor was made after a careful and thorough evaluation process and has been approved by the Company’s board of directors and the audit committee (the “Audit Committee”).
EY’s audit reports on the Company’s consolidated financial statements as of and for the years ended December 31, 2022 and 2021 did not
contain any adverse opinion or disclaimer of opinion, nor were they qualified or modified as to uncertainty, audit scope, or accounting principles, except that the audit report on the consolidated financial statements of the Company for the year
ended December 31, 2022 contained an explanatory paragraph regarding the Company stating that there was substantial doubt about the Company’s ability to continue as a going concern.
During the audit for the fiscal years ended December 31, 2022 and 2021 and the subsequent interim period through November 14, 2023, there
were no (i) disagreements, as defined in Item 16F(a)(1)(iv) of Form 20-F and the related instructions, between the Company and EY on any matter of accounting principles or practices, financial statement disclosure, or auditing scope or procedure,
which disagreements, if not resolved to the satisfaction of EY, would have caused EY to make reference to the subject matter of the disagreements in connection with its reports on the consolidated financial statements for the years ended December 31,
2022 and 2021, or (ii) reportable events as defined in Item 16F(a)(1)(v) of Form 20-F.
During the Company’s two most recent fiscal years ended December 31, 2022 and 2021 and any subsequent interim period prior to the
engagement of Marcum on January 5, 2024, neither the Company nor anyone on its behalf has consulted with Marcum on either (a) the application of accounting principles to a specified transaction, either completed or proposed, or the type of audit
opinion that might be rendered on the Company’s consolidated financial statements, and neither a written report nor oral advice was provided to the Company by Marcum that Marcum concluded was an important factor considered by the Company in reaching
a decision as to any accounting, auditing or financial reporting issue, or (b) any matter that was the subject of a disagreement, as that term is defined in Item 16F(a)(1)(iv) of Form 20-F (and the related instructions thereto) or a reportable event
as set forth in Item 16F(a)(1)(v) of Form 20-F.
Receipt of Nasdaq Notice
On January 10, 2024, the Company issued a press release announcing the receipt of a letter from the Listing Qualifications Department of
The Nasdaq Stock Market LLC, a copy of which is attached hereto as Exhibit 99.1 and incorporated herein by reference.
The information contained in this report is hereby incorporated by reference into the Registration Statement on Form F-3, File No.
333-257639, and the Registration Statements on Form S-8, File No. 333-216639 and File No. 333-240082, of the Company.
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.
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BeyondSpring Inc.
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By:
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/s/ Lan Huang
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Name:
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Lan Huang
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Title:
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Chairperson and Chief Executive Officer
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Date: January 10, 2024
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EXHIBIT INDEX
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Exhibit No.
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Exhibit
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Press release, dated January 10, 2024.
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Exhibit 99.1
BeyondSpring Receives Nasdaq Delinquency Notice Regarding Late Filing of Its Form 6-K
NEW YORK, January 10, 2024 – BeyondSpring Inc. (NASDAQ: BYSI) (“BeyondSpring” or the “Company”), a global clinical-stage biopharmaceutical company focused on using a groundbreaking technology platform for
drug discovery and developing innovative therapies to improve clinical outcomes for patients with high unmet medical needs, today announced that on January 4, 2024, it received a Foreign Delinquency Compliance Plan Alert Letter (the “Letter”) from
The Nasdaq Stock Market LLC (“Nasdaq”). In the Letter, the staff of Nasdaq notified the Company that it is not in compliance with Nasdaq Listing Rule 5250(c)(2), because it has not timely filed its Form 6-K for the period ended June 30, 2023 (the
“Filing”).
In accordance with Nasdaq Listing Rules, the Company has 60 calendar days to submit a plan to regain compliance. If Nasdaq accepts the Company’s plan, Nasdaq can grant the Company an exception of up to 180 calendar days from the Filing’s due date,
or until July 1, 2024, to regain compliance.
The Letter has no immediate effect on the listing or trading of the Company’s ordinary shares on Nasdaq. The Company’s management is working diligently to complete the Filing as soon as practicably possible to regain compliance with the Nasdaq
Listing Rule 5250(c)(2).
About BeyondSpring
BeyondSpring (NASDAQ: BYSI) is a global clinical-stage biopharmaceutical company focused on developing innovative therapies to improve clinical outcomes for patients with high unmet medical needs. The Company is
advancing its first-in-class lead asset, Plinabulin, as a direct anti-cancer agent in various cancer indications and to prevent chemotherapy-induced neutropenia. Its pipeline also includes three preclinical immuno-oncology assets. Additionally,
BeyondSpring’s subsidiary, SEED Therapeutics, leverages a proprietary targeted protein degradation (TPD) drug discovery platform and has an initial R&D collaboration with Eli Lilly. Learn more by visiting https://beyondspringpharma.com.
Investor Contact:
IR@beyondspringpharma.com
Media Contact:
PR@beyondspringpharma.com