UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
_____________________
FORM 8-A/A
(Amendment No. 1)
_____________________
FOR REGISTRATION OF CERTAIN CLASSES OF SECURITIES
PURSUANT TO SECTION 12(b) OR 12(g) OF THE
SECURITIES EXCHANGE ACT OF 1934
ADVANCED BATTERY TECHNOLOGIES, INC.
(Exact name of registrant as specified in its charter)
| ||
Delaware | 22-2497491 | |
(State or Other Jurisdiction of incorporation or organization) | (I.R.S. Employer I.D. No.) |
21 West 39th Street, Suite 2A New York, NY | 10018 |
(Address of Principal Executive Offices) | (Zip Code) |
Securities to be registered pursuant to Section 12(b) of the Act:
Title of each class Name of each exchange on which
to be so registered: each class is to be registered:
Common Stock, $.001 par value The NASDAQ Stock Market, LLC
If this form relates to the
If this form relates to the
registration of a class of securities
registration of a class of securities
pursuant to Section 12(b) of the
pursuant to Section 12(g) of the
Exchange Act and is effective
Exchange Act and is effective
pursuant to General Instruction
pursuant to General Instruction
A.(c), please check the following
A.(d), please check the following
box. . S
box. 0
Securities Act registration statement file number to which this form relates: ________________
Securities to be registered pursuant to Section 12(g) of the Act: None.
INFORMATION REQUIRED IN REGISTRATION STATEMENT
Item 1
Description of Registrants Securities to be Registered.
Advanced Battery Technologies, Inc. is authorized to issue 60,000,000 shares of Common Stock, $.001 par value per share. Holders of the Common Stock are entitled to one vote for each share in the election of directors and in all other matters to be voted on by the stockholders. There is no cumulative voting in the election of directors. Holders of Common Stock are entitled to receive such dividends as may be declared from time to time by the Board of Directors with respect to the Common Stock out of funds legally available therefor and, in the event of liquidation, dissolution or winding up of the Company, to share ratably in all assets remaining after payment of liabilities. The holders of Common Stock have no preemptive or conversion rights and are not subject to further calls or assessments. There are no redemption or sinking fund provisions applicable to the Common Stock. The Common Stock currently outstanding is validly issued, fully paid and non-assessable.
Item 2.
Exhibits
3-a
Amended and Restated Certificate of Incorporation filed as an exhibit to the Current Report on Form 8-K filed on July 13, 2004 and incorporated herein by reference.
3-b
Bylaws filed as an exhibit to the Registrants initial filing on Form 8-A on October 5, 2007.
SIGNATURE
Pursuant to the requirements of Section 12 of the Securities Exchange Act of 1934, the registrant has duly caused this registration statement to be signed on its behalf by the undersigned, thereunto duly authorized.
Dated: February 25, 2008
ADVANCED BATTERY TECHNOLOGIES, INC.
By:
/s/ Fu Zhiguo
Fu Zhiguo
Chief Executive Officer