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EX-16.1 - EXHIBIT 16.1 - DATAWATCH CORPv363930_ex16-1.htm

UNITED STATES

 

SECURITIES AND EXCHANGE COMMISSION

 

Washington, DC 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)   December 20, 2013

 

 

Datawatch Corporation
(Exact Name of Registrant as Specified in Its Charter)

 

Delaware
(State or Other Jurisdiction of Incorporation)

 

000-19960 02-0405716
(Commission File Number) (IRS Employer Identification No.)

 

Quorum Office Park  
271 Mill Road  
Chelmsford, Massachusetts 01824
(Address of Principal Executive Offices) (Zip Code)

 

(978) 441-2200
(Registrant’s Telephone Number, Including Area Code)

 

 

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):

 

oWritten communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

oSoliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

oPre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

oPre-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

 

  (a) Previous Independent Registered Public Accounting Firm

 

On December 20, 2013, Datawatch Corporation (the “Company”) dismissed Marcum LLP as the independent registered public accounting firm of the Company.  The dismissal of Marcum LLP was approved by the Company’s Audit Committee.

 

The reports of Marcum LLP on the Company’s financial statements as of and for the fiscal years ended September 30, 2013 and 2012 did not contain an adverse opinion or a disclaimer of opinion, and were not qualified or modified as to uncertainty, audit scope or accounting principle.

 

During the Company’s fiscal years ended September 30, 2013 and 2012 and through December 20, 2013 there were no disagreements with Marcum LLP on any matter of accounting principles or practices, financial statement disclosure, or auditing scope or procedure, which, if not resolved to the satisfaction of Marcum LLP, would have caused them to make reference to the subject matter of the disagreement in connection with their reports on the financial statements for such years. During the Company’s fiscal years ended September 30, 2013 and 2012 and through December 20, 2013 there were no reportable events as defined in Item 304(a)(1)(v) of Regulation S-K.

 

The Company furnished a copy of the disclosures herein to Marcum LLP and requested that Marcum LLP furnish it with a letter addressed to the Securities and Exchange Commission stating whether or not it agrees with the above statements. A copy of such letter, dated December 23, 2013, is filed as Exhibit 16.1 to this Form 8-K.

 

  (b)   New Independent Registered Public Accounting Firm

 

On December 20, 2013, the Company’s Audit Committee engaged McGladrey LLP as its new independent registered public accounting firm to audit the Company’s financial statements for the Company’s fiscal year ending September 30, 2014. The decision to engage McGladrey LLP as the Company’s independent registered public accounting firm was the result of a competitive selection process.

 

Prior to the engagement of McGladrey LLP, neither the Company nor anyone on behalf of the Company consulted with McGladrey LLP during the Company’s fiscal years ended September 30, 2013 and 2012 and through December 20, 2013, in any manner regarding any of the matters or events set forth in Item 304(a)(2) of Regulation S-K.

 

Item 9.01Financial Statements and Exhibits

 

(d)Exhibits

 

The following Exhibit is furnished as part of this report:

 

Exhibit No. Description
   
16.1 Letter of Marcum LLP, dated December 23, 2013.

 

 

 
 

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.

 

 

  DATAWATCH CORPORATION
     
     
     
     
  By: /s/ James Eliason  
  Name: James Eliason
  Title: Chief Financial Officer

 

 

Date: December 26, 2013

 

 

 
 

EXHIBIT INDEX

 

Exhibit No. Description
   
16.1 Letter of Marcum LLP, dated December 23, 2013.