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): September 15,
2009
Puda
Coal, Inc.
(Exact
name of registrant as specified in its charter)
333-85306
(Commission
File Number)
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Delaware
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65-1129912
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(State
or other jurisdiction of
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(I.R.S.
Employer Identification No.)
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incorporation)
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426
Xuefu Street, Taiyuan, Shanxi Province,
The
People’s Republic of China
(Address
of principal executive offices, with zip code)
011
86 351 228 1302
(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):
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o
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Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
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o
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
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o
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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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Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
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Item
8.01 Other Events
On
September 15, 2009, the Board of Directors of Puda Coal, Inc. (the “Company”) amended and
restated the Company’s Audit Committee Charter to be in compliance with the
requirements of the NYSE Amex LLC (the “Exchange”) in
connection with its application for listing on the Exchange. The
Amended and Restated Audit Committee Charter is attached hereto as Exhibit 3.1
and incorporated herein by reference. The Board determined that all
the three members of the Audit Committee, Mr. Jianfei Ni, Dr. C. Mark Tang and
Mr. Lawrence S. Wizel, are independent as that term is defined in Section 10A(m)
of the Exchange Act of 1934, as amended, and meet the independence requirements
of the Exchange. To the full extent permitted by applicable law, the
Audit Committee will exercise the powers and duties as set forth in the Amended
and Restated Audit Committee Charter.
On
September 15, 2009, the Board of the Company also adopted a Code of Business
Conduct and Ethics in order to be in compliance with the requirements of the
Exchange. The Code is attached hereto as Exhibit 3.2 and incorporated
herein by reference. The Company has also made the Code available to
the general public by publishing the Code on the Company’s website at
http://www.pudacoalinc.com.
Forward-Looking
Statement
The
information contained herein includes forward-looking
statements. These statements relate to future events, and involve
known and unknown risks, uncertainties and other factors that may cause our
actual results or achievements to be materially different from any future
results or achievements expressed or implied by these forward-looking
statements. You should not place undue reliance on forward-looking
statements since they involve known and unknown risks, uncertainties and other
factors which are, in some cases, beyond our control and which could, and likely
will, materially affect actual results or achievements. Any
forward-looking statement reflects our current views with respect to future
events and is subject to these and other risks, uncertainties and assumptions
relating to our operations, results of operations, growth strategy and
liquidity. For example, it is uncertain whether and when our
application for listing on the Exchange will be successful. We assume
no obligation to publicly update or revise these forward-looking statements for
any reason, or to update the reasons actual results could differ materially from
those anticipated in these forward-looking statements, even if new information
becomes available in the future.
Item
9.01 Financial Statements and Exhibits
(d)
Exhibits
The
exhibits listed in the following Exhibit Index are filed as part of this
report.
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Exhibit
No.
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Description
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3.1
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Amended
and Restated Audit Committee Charter
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3.2
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Code
of Business Conduct and
Ethics
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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.
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PUDA
COAL, INC.
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Date: September
16, 2009
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By:
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/s/ Qiong Wu
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Qiong
Wu
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Chief
Financial Officer
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