Unassociated Document
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 and Exchange Act of 1934
Date of
Report (Date of earliest reported): August 20, 2010
BODISEN BIOTECH,
INC.
(Exact
name of registrant as specified in charter)
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Delaware
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000-31539
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98-0381367
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(State
or Other Jurisdiction of
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(Commission
File Number)
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(IRS
Employer
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Incorporation
or Organization)
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Identification
No.)
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Room
2001, FanMei Building
No.
1 Naguan Zhengjie
Xi’an,
Shaanxi 710068
People’s
Republic of China
(Address
of principal executive offices) (Zip Code)
011-86-29-87074957
(Registrant's
telephone number, including area code)
Copies
to:
Marc
Ross, Esq.
Sichenzia
Ross Friedman Ference LLP
1065
Avenue of the Americas
New York,
New York 10018
Phone:
(212) 930-9700
Fax:
(212) 930-9725
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))
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Item
4.02
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Non-Reliance
on Previously Issued Financial Statements or Related Audit Report or
Completed Interim Review.
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On August
20, 2010, the management of Bodisen Biotech, Inc. (the “Company”), preliminarily
determined that the Company’s financial statements for the periods ended March
31, 2010, June 30, 2010, and the fiscal year ended December 31, 2009, which are
included in the Company’s Forms 10-Q and 10-K for the respective periods, might
contain certain errors related to the recognition of revenue.
As such,
the Company’s management has concluded that its financial statements which are
included in the Company’s Forms 10-Q for the periods ended March 31, 2010 and
June 30, 2010 and Form 10-K for the fiscal year ended December 31, 2009,
respectively, did not properly recognize revenue in accordance with United
States generally accepted accounting principles, and, as a result, should not be
relied upon.
The
Company will restate its financial statements for the three and six month
periods ended March 31, 2010, June 30, 2010, respectively, and the fiscal year
ended December 31, 2009, to correct the errors noted above and will file
amendments to the Company’s Forms 10-Q and 10-K for the relevant periods as soon
as practicable.
Management
has apprised the Company’s board of directors and has discussed the matters in
this Report with its independent registered accounting firm.
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Item
9.01
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Financial
Statements and Exhibits.
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None.
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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Date:
August 31, 2010
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BODISEN
BIOTECH, INC.
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By:
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/s/
Bo Chen
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Bo
Chen
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Chief
Executive Officer
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