- Current report filing (8-K)
November 06 2008 - 3:09PM
Edgar (US Regulatory)
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: October 31, 2008
XSUNX,
INC.
(Exact
name of registrant as specified in its charter)
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):
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))
Item
4.01.
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Change
in Registrant’s Certifying Accountant.
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(a)
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Resignation
of Independent Accountants
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Effective
as of October 31, 2008 (the “
Effective
Date
”),
Jaspers
& Hall, PC
(“
J&H
”)
was
dismissed by the Board of Directors of XsunX, Inc., a Colorado corporation
(the
“
Registrant
”)
as the
Company’s independent registered public accounting firm.
J&H’s
report on the Registrant’s financial statements for the past two (2) fiscal
years, as well as the subsequent interim period through the Effective Date,
did
not contain an adverse opinion or a disclaimer of opinion, and was not qualified
as to uncertainty, audit scope, or accounting principles.
The
dismissal of the independent registered public accountants was approved by
the
Registrant’s Board of Directors effective as of the Effective Date.
During
the Registrant’s most recent two (2) fiscal years, as well as the subsequent
interim period through the Effective Date, there were no disagreements on any
matter of accounting principles or practices, financial statement disclosure,
or
auditing scope or procedures, which disagreements if not resolved to their
satisfaction would have caused them to make reference in connection with their
opinion to the subject matter of the disagreement.
During
the Registrant’s most recent two (2) fiscal years, as well as the subsequent
interim period through the Effective Date, J&H did not advise the Registrant
of any of the matters identified in Item 304(a)(v)(A) - (D) of Regulation
S-K.
The
Registrant has requested J&H to furnish a letter addressed to the SEC
stating whether it agrees with the statements made by the Registrant and, if
not, stating the respects in which it does not agree. A copy of the letter
is
attached hereto as Exhibit 16.1.
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(b)
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New
Independent Accountants
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Effective
as of November 3, 2008, the Board of Directors of the Registrant approved the
engagement of
Stark,
Winter, Schenkein & Co., LLP
(“
Stark
”)
as its
independent registered public accounting firm to audit the Registrant’s
financial statements. The Registrant did not consult Stark on any
matters described in Item 304(a)(2) of Regulation S-K during the Registrant’s
two (2) most recent fiscal years or any subsequent interim period prior to
engaging Stark.
Item
9.01
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Financial
Statements and Exhibits.
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EXHIBIT
NO.
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DESCRIPTION
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LOCATION
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16.1
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Auditor
Letter of Jaspers & Hall, PC to the SEC, dated November 5,
2008
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Provided
herewith
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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 thereunto
duly authorized.
Date:
November 6, 2008
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XSUNX,
INC.
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By:
/s/ Tom Djokovich
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Tom
Djokovich, CEO/President
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