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 21, 2012

Energy Services of America Corporation
(Exact Name of Registrant as Specified in its Charter)

Delaware
(State or Other Jurisdiction
of Incorporation)
001-32998
(Commission
File Number)
20-4606266
(I.R.S. Employer
Identification No.)


100 Industrial Lane, Huntington, West Virginia                                                                                                                                25702-9694
(Address of Principal Executive Offices)                                                                                                                                           (Zip Code)

Registrant’s telephone number, including area code:                                                                                     (304) 399-6315

Not Applicable
(Former name or former address, if changed since last report)

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)

[  ]  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 5.02
Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers
 
 
On March 21, 2012, the Board of Directors considered and accepted Mr. James Shafer’s retirement from the Board of Directors.  Concurrent with Mr. Shafer’s retirement, the Board of Directors has been reduced to 11 persons from 12 persons.
 
Item 8.01
Other Events

On March 21, 2012, the Board of Directors determined to hold its 2012 Annual Meeting of Shareholders on June 20, 2012.  Since the Annual Meeting has been changed by more than 30 days from the date held last year, in order for a shareholder to properly bring business before the Annual Meeting, or to propose a nominee to the Board of Directors, a shareholder’s notice in the form proscribed in the Company's bylaws must be received by the Company no later than the close of business on March 31, 2012.

 
Item 9.01
Financial Statements and Exhibits

(a)
Financial Statements of businesses acquired.
 
Not Applicable.
 
(b)
Pro forma financial information.
 
Not Applicable.
 
(c)
Shell Company Transactions.
 
Not Applicable.
 
(d)
Exhibits.
 
None
   





 
 

 



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.

 
ENERGY SERVICES OF AMERICA CORPORATION
   
   
DATE:  March 21, 2012
By:     /s/ Edsel R. Burns
 
            Edsel R. Burns
 
President and Chief Executive Officer