biostarpharma8ka012810.htm
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
WASHINGTON,
D.C. 20549
FORM
8-K/A
CURRENT
REPORT
Pursuant
to Section 13 or 15(d) of the
Securities Exchange Act of
1934
Date
of report (Date of earliest event reported): January 22, 2010
BIOSTAR
PHARMACEUTICALS, INC.
(Exact
name of registrant as specified in Charter)
|
Maryland
|
|
333-147363
|
|
|
|
(State
or other jurisdiction of
incorporation
or organization)
|
|
(Commission
File No.)
|
|
(IRS
Employer Identification No.)
|
No.
588 Shiji Avenue
Xiangyang
City, Shaanxi Province
People’s
Republic of China 712046
(Address
of Principal Executive Offices)
86-029-33686638
(Issuer Telephone
Number)
N/A
(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:
o Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
o Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
o Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
o Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
Explanatory
Note:
The
Registrant files this amendment to its Current Report on Form 8-K that was filed
with the SEC on January 28, 2010 (the “Form 8-K”) to correct the name of
the certifying independent accountant dismissed by the Registrant disclosed in
the Form 8-K that resulted from drafting errors, and to file as an exhibit the
letter to the SEC from such dismissed certifying independent
accountant.
|
Item
4.01
|
Change
in Registrant’s Certifying
Accountant
|
Effective
January 22, 2010, Acquavella, Chiarelli, Shuster, Berkower & Co., LLP
(“ACSB”) was dismissed as the Registrant’s certifying independent accountant
engaged to audit the Registrant’s financial statements. ACSB was engaged as
auditors to the Registrant for the year ended December 31, 2009, from June 30,
2009 to January 22, 2010.
Prior to
the dismissal of ACSB, there were: (i) no disagreements between the
Registrant and ACSB on any matters of accounting principles or practices,
financial statement disclosure, or auditing scope or procedures, which
disagreements, if not resolved to the satisfaction of ACSB, would have caused
ACSB to make reference to the subject matter of the disagreement in its report
on the Registrant’s financial statements, and (ii) no reportable events within
the meaning set forth in Item 304(a)(1)(v) of
Regulation S-K.
The
Registrant requested ACSB to provide a letter addressed to the SEC stating
whether it agrees with the statements made above by the Registrant regarding
ACSB. A copy of the letter dated January 28, 2010, furnished by ACSB
is attached as Exhibit 16.1 to this current report.
Also
effective on January 22, 2010, Mazars CPA Limited (“Mazars”), whose address is
42nd Floor, Central Plaza, 18 Harbour Road, Wanchai, Hong Kong, was engaged
to serve as the Registrant’s new independent certifying accountant to audit the
Registrant's financial statements.
Prior to
engaging Mazars, the Registrant had not consulted Mazars regarding the
application of accounting principles to a specified transaction, completed or
proposed, the type of audit opinion that might be rendered on the Registrant’s
financial statements or a reportable event, nor did the Registrant consult with
Mazars regarding any disagreements with its prior auditor on any matter of
accounting principles or practices, financial statement disclosure, or auditing
scope or procedure, which disagreements, if not resolved to the satisfaction of
the prior auditor, would have caused it to make a reference to the subject
matter of the disagreements in connection with its report.
The
dismissal of ACSB as the Registrant’s certifying independent accountant and the
engagement of Mazars as its new certifying independent accountant were both
approved by the audit committee of the Registrant’s board of
directors.
|
Item
9.01
|
Financial
Statements and Exhibits
|
|
Exhibit
Number
|
|
Description
|
|
|
|
|
|
16.1
|
|
|
|
99.1
|
|
Press
release dated January 28, 2010 (2)
|
|
(2)
|
Previously
filed as an exhibit to the Registrant’s Current Report on Form 8-K filed
with the SEC on January 28, 2010.
|
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.
|
Date: January
28, 2010
|
Biostar
Pharmaceuticals, Inc.
(Registrant)
|
|
|
|
|
|
|
By:
|
/s/
Elaine
Zhao
|
|
|
Elaine
Zhao
|
|
|
Chief
Financial
Officer
|