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): October 28, 2021
AKOUSTIS TECHNOLOGIES, INC.
(Exact name of registrant as specified in its charter)
| Delaware | 001-38029 | 33-1229046 | ||
|
(State or Other Jurisdiction
of Incorporation) |
(Commission File Number) |
(I.R.S. Employer
Identification Number) |
9805 Northcross Center Court, Suite A
Huntersville, NC 28078
(Address of principal executive offices, including zip code)
704-997-5735
(Registrant’s telephone number, including area code)
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))
Securities registered pursuant to Section 12(b) of the Act:
| Title of Each Class: | Trading Symbol: | Name of each exchange on which registered: | ||
| Common Stock, $0.001 par value | AKTS |
The Nasdaq Stock Market LLC
(Nasdaq Capital Market) |
Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.b-2 of this chapter)
Emerging Growth Company ☐
If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐
Item 5.07. Submission of Matters to a Vote of Security Holders.
Akoustis Technologies, Inc. (the “Company”) held its 2021 Annual Meeting of Stockholders (the “Annual Meeting”) on October 28, 2021. The certified results of the matters voted upon at the Annual Meeting, which are more fully described in the Company’s proxy statement for the Annual Meeting, as filed with the Securities and Exchange Commission on September 17, 2021, are as follows:
Proposal 1 – The Company’s stockholders elected the seven nominees to the Company’s board of directors to serve one-year terms expiring at the 2022 annual meeting of stockholders and until their successors are duly elected and qualified, or until their earlier resignation or removal, with the votes cast as follows:
| For | Withheld | Broker Non-Votes | ||||
| Steven P. DenBaars | 21,454,169 | 373,484 | 11,509,353 | |||
| Arthur E. Geiss | 21,564,235 | 263,418 | 11,509,353 | |||
| J. Michael McGuire | 19,991,339 | 1,836,314 | 11,509,353 | |||
| Jeffrey K. McMahon | 21,421,253 | 406,400 | 11,509,353 | |||
| Jerry D. Neal | 19,761,421 | 2,066,232 | 11,509,353 | |||
| Suzanne B. Rudy | 21,250,738 | 576,915 | 11,509,353 | |||
| Jeffrey B. Shealy | 21,480,481 | 347,172 | 11,509,353 |
Proposal 2 – The Company’s stockholders approved, on a non-binding, advisory basis, the compensation paid to the Company’s named executive officers, with the votes cast as follows:
| For | Against | Abstain | Broker Non-Votes | |||
| 20,589,023 | 822,008 | 416,622 | 11,509,353 |
Proposal 3 – The Company’s stockholders ratified the appointment of Marcum LLP as the Company’s independent public accounting firm for the fiscal year ending June 30, 2022, with the votes cast as follows:
| For | Against | Abstain | Broker Non-Votes | |||
| 32,795,366 | 354,206 | 187,434 | 0 |
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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.
| Akoustis Technologies, Inc. | ||
| Date: November 1, 2021 | By: | /s/ Kenneth E. Boller |
| Name: | Kenneth E. Boller | |
| Title: | Interim Chief Financial Officer | |
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