Current Report Filing (8-k)
February 26 2021 - 4:23PM
Edgar (US Regulatory)
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): February 24, 2021
Cemtrex
Inc.
(Exact
name of registrant as specified in its charter)
Delaware
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001-37464
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30-0399914
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(State or other jurisdiction
of incorporation)
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(Commission
File
Number)
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(I.R.S.
Employer
Identification
No.)
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276
Greenpoint Ave Bld. 8 Suite 208
Brooklyn,
NY
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11101
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(Address
of principal executive offices)
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(Zip
Code)
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Registrant’s
telephone number, including area code: (631) 756-9116
(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:
[ ]
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Written
communications pursuant to Rule 425 under the Securities Act (17CFR 230.425)
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[ ]
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
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[ ]
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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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[ ]
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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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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 (§240.12b-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. [ ]
Securities
registered pursuant to Section 12(b) of the Act:
Title
of each class
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Trading
symbol
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Name
of each exchange on which registered
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Common
Stock
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CETX
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Nasdaq
Capital Market
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Series
1 Preferred Stock
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CETXP
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Nasdaq
Capital Market
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Series
1 Warrants
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CETXW
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Nasdaq
Capital Market
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Item
3.01 Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing.
On
February 24, 2021, Cemtrex, Inc. (the “Company”) received a notification letter from the Listing Qualifications Department
of The Nasdaq Stock Market LLC (“Nasdaq”) notifying the Company that, because the Company has not yet filed its Form
10-Q for the period ended December 31, 2020, the Company no longer complies with Nasdaq’s Listing Rules for continued listing.
The
notification letter also disclosed that Nasdaq may provide the Company a cure period in order to regain compliance as follows:
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●
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60
calendar days to submit a plan to regain compliance and;
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●
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if
the plan is accepted your plan, will be granted an exception of up to 180 calendar days from the Filing’s due date,
or until August 23, 2021, to regain compliance.
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The
Company intends to submit a plan to regain compliance with Nasdaq within 60 calendar days as required. If Nasdaq accepts the Company’s
plan, it may grant an exception of up to 180 calendar days from the due date of the Company’s Form 10-Q, or until August
23, 2021, to regain compliance. The Company believes that it will be able to file its Form 10-Q for the period ended December
31, 2020 prior to the expiration of the stated cure period should Nasdaq accept the Company’s plan.
Item
9.01 Financial Statements and Exhibits
(d)
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 hereunto duly authorized.
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CEMTREX,
INC.
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Date:
February 26, 2021
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By:
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/s/
Saagar Govil
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Saagar
Govil
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Chairman,
President and Chief Executive Officer
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