- Current report filing (8-K)
November 17 2010 - 1:45PM
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): November 13,
2010
CHINA
AGRITECH, INC.
(Exact name of registrant as specified in its charter)
Delaware
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001-34458
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75-2955368
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(State
of Incorporation)
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(Commission
File No.)
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(IRS
Employer ID No.)
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Room
3F No. 11 Building, Zhonghong International Business Garden
Future
Business Center,
Chaoyang
North Road, Chaoyang District, Beijing, China 100024
(Address
of Principal Executive Offices)
Registrant’s
Telephone Number, Including Area Code:
(86) 10-59621278
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.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. Change in Registrant’s Certifying Accountant.
On
November 13, 2010, China Agritech, Inc. (the “Company”) dismissed its
independent registered public accounting firm Crowe Horwath LLP (“Crowe”) as its
principal accountant. The dismissal was approved by the Company’s
Audit Committee on November 13, 2010.
There
were no disagreements between the Company and Crowe on any matter of accounting
principles or practices, financial statement disclosure, or auditing scope or
procedure, from the time of Crowe’s engagement up to the date of dismissal which
disagreements that, if not resolved to Crowe’s satisfaction, would have caused
Crowe to make reference to the subject matter of the disagreement in connection
with its report issued in connection with the audit of the Company’s financial
statements. None of the reportable events described under Item
304(a)(1)(v)(A)-(D) of Regulation S-K occurred within the fiscal years of the
Company ended December 31, 2008 and December 31, 2009 and subsequently up to the
date of dismissal. The audit report of Crowe on the financial
statements of the Company for such years did not contain any adverse opinion or
disclaimer of opinion, and the audit reports issued for such years were not
qualified or modified as to uncertainty, audit scope or accounting
principles.
A letter
from Crowe addressed to the Securities and Exchange Commission stating that it
concurs with the statements made by the Company with respect to Crowe in this
Current Report on Form 8-K is furnished herewith as Exhibit 16.1.
The
Company appointed Ernst & Young Hua Ming (“E&Y”) as its new independent
registered public accounting firm effective as of November 13, 2010 as approved
by the Company’s Audit Committee. Prior to November 13, 2010, the
Company did not consult with E&Y regarding (1) the application of accounting
principles to a specified transaction, (2) the type of audit opinion that might
be rendered on the Company’s financial statements, (3) the provision of written
or oral advice that would be an important factor considered by the Company in
reaching a decision as to an accounting, auditing or financial reporting issues,
or (4) any matter that was the subject of a disagreement between the Company and
its predecessor auditor as described in Item 304(a)(1)(iv) or a reportable event
as described in Item 304(a)(1)(v) of Regulation S-K.
Item
9.01 Financial Statements and Exhibits
(d) Exhibits
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Description
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16.1
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Letter
from Crowe Horwath LLP dated November 16,
2010
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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 hereunto
duly authorized.
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CHINA
AGRITECH, INC.
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Date:
November 15, 2010
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/s/
Yu Chang
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Yu
Chang
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Chief
Executive Officer
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