Unassociated Document
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: January 7, 2009
XSUNX,
INC.
(Exact
name of registrant as specified in its charter)
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Colorado
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000-29621
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84-1384159
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(State
or other
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(Commission
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(IRS
Employer
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jurisdiction
of
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File
Number)
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Identification
No.)
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incorporation)
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65 Enterprise, Aliso Viejo,
CA 92656
(New
address of principal executive offices) (Zip Code)
Registrant's
telephone number, including area code: (949) 330-8060
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):
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Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
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Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
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Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
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Item 8.01. Other
Events.
Letter to
Our Valued Shareholders,
Recently
the trading stock symbol for XsunX, Inc. was modified and an “e” was appended so
that the trading symbol appears as XSNXE.OB. We have received numerous calls
requesting clarification as to why this occurred and what does it mean. Below is
a brief explanation.
On
November 31, 2008 XsunX, Inc. filed a Form 8-K Report with the United States
Securities and Exchange Commission (“SEC”) advising that we had terminated our
independent registered public accounting firm and that we would be retaining the
new firm of Stark, Winter, Schenkein & Co., LLP (“Stark”) as our new
independent registered public accounting firm to audit our financial statements
necessary for our 2008 annual report on Form 10-K. A complete copy of this
filing can be found at the SEC web site under the following link;
http://idea.sec.gov/Archives/edgar/data/1039466/000114420408061594/0001144204-08-061594-index.idea.htm
As our
new independent registered public accounting firm Stark is required to provide
an audit opinion covering each fiscal period presented within our annual report.
Our annual report contains audited financials for the current period ended
September 30, 2008, and the previous fiscal period ended September 30, 2007. For
this reason Stark has been conducting an audit of each of these periods. While
we had hoped to complete the audit and file our annual report on Form 10-K with
the SEC within the allotted time period, the scope of audit work requirements
stemming from the passage of Sarbanes Oxley regulations have caused a delay in
the filing of our annual report.
Separate
from the SEC a regulatory agency named the Financial Industry Regulatory
Authority (“FINRA”) regulates the various trading platforms such as the NYSE,
NASDQ, and the OTCBB. FINRA also issues public company stock symbols and
monitors compliance of quoted companies with SEC report filing requirements.
When XsunX became delinquent on December 31, 2008 with the filing of our 2008
Form 10-K annual report FINRA appended our trading symbol with an “e” to alert
the market of our delayed filing. Under FINRA rules we have a 30 day grace
period in which to complete our filing and become current again.
The XsunX
staff and Stark are working diligently to complete the necessary audits and
intend to file within the 30 day grace period provided under FINRA
regulations.
We
understand the confusion this may have created. If you have additional questions
please contact our Investor Relations desk by email at investors@xsunx.com
or by phone at 888-797-4527.
Yours
Truly,
Tom M.
Djokovich, CEO
XsunX,
Inc.
Safe
Harbor Statement: Matters discussed in this shareholder letter contain
forward-looking statements within the meaning of the Private Securities
Litigation Reform Act of 1995. When used in this shareholder news letter, the
words "anticipate," "believe," "estimate," "may," "intend," "expect" and similar
expressions identify such forward-looking statements. Actual results,
performance or achievements could differ materially from those contemplated,
expressed or implied by the forward-looking statements contained herein. These
forward-looking statements are based largely on the expectations of the Company
and are subject to a number of risks and uncertainties. These include, but are
not limited to, risks and uncertainties associated with: the impact of economic,
competitive and other factors affecting the Company and its operations, markets,
product, and distributor performance, the impact on the national and local
economies resulting from terrorist actions, and U.S. actions subsequently; and
other factors detailed in reports filed by the Company.
Item
9.01 Financial
Statements and Exhibits.
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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XSUNX,
INC.
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Date:
January 7, 2009
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By:
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/s/ Tom
Djokovich
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Tom
Djokovich, CEO/President
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Title
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