SECURITIES AND EXCHANGE COMMISSION
PURSUANT TO SECTION 13 OR 15(d)
OF THE SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of Earliest Event Reported):
November 15, 2012
CHINA BAK BATTERY,
(Exact name of registrant as specified in its
|(State or other jurisdiction
||(Commission File No.)
||(IRS Employer |
BAK Industrial Park, No. 1 BAK Street
Peoples Republic of
(Address, including zip code, of principal executive
(86-755) 6188-6818, ext 6856
telephone number, including area code)
(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 November 15, 2012, the Board of Directors of China BAK
Battery, Inc. (the Company) appointed Ms. Martha Agee (Ms. Agee) as a
director of the Company to fill the vacancies created by the resignation of Mr.
Jonathan Christopher Paugh on October 3, 2012. Ms. Agee was appointed by the
board to each of the Audit, Compensation and Nominating and Corporate Governance
Committees and will act as the Chair of the Nominating and Corporate Governance
Committee. In addition, the board determined that Ms. Agee is an independent
director as defined by Rule 5605(a)(2) of the NASDAQ Listing Rules.
Since 1997, Ms. Agee has been a senior lecturer of business law
at Hankamer School of Business of Baylor University where she teaches courses in
the Legal Environment of Business, International Business Law, and Healthcare
Law & Ethics for graduate and undergraduate students. Prior to that, Ms.
Agee practiced law at Law Office of Derrel Luce from 1994 to 1996. Ms. Agee
obtained her bachelors degree in Accounting in 1976 and Juris Doctorate degree
in 1988 from Baylor University.
Ms. Agee will receive an annual fee of $61,000 as compensation
for the services to be provided by her as an independent director. There are no
arrangements or understandings between Ms. Agee and any other persons pursuant
to which she was selected as a director and there are no transactions between
the Company and Ms. Agee that would require disclosure under Item 404(a) of
On November 21, 2012, the Company issued a press release
announcing the appointment of Ms. Agee. A copy of the press release is furnished
herewith as Exhibit 99.1.
ITEM 9.01. FINANCIAL STATEMENTS AND EXHIBITS.
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.
||CHINA BAK BATTERY, INC. |
|Date: November 21, 2012
||/s/ Xiangqian Li |
||Xiangqian Li |
||Chief Executive Officer |