UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.
20549
_________________
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or Section 15(d) of the Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): November 6, 2017
_________________
AMERICAN LORAIN CORPORATION
(Exact name of registrant as specified in its charter)
| Nevada | 001-34449 | 87-0430320 |
| (State or other jurisdiction | (Commission File Number) | (I.R.S. Employer Identification |
| of incorporation or organization) | Number) |
| Beihuan Road Junan County | |
| Shandong, China | 276600 |
| (Address of principal executive offices) | (Zip Code) |
Registrant’s telephone number, including area code: (86) 539-7317959
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 to the registrant under any of the following provisions:
[ ] 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))
Indicate by check mark whether the registrant is an emerging growth company as defined in 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. [ ]
Item 8.01 Other Events.
On November 6, 2017, American Lorain Corporation) issued a press a release, a copy of which is attached hereto as Exhibit 99.1.
Item 9.01 Financial Statements and Exhibits.
| (d) |
SIGNATURE
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.
| Dated: November 6, 2017 | AMERICAN LORAIN CORPORATION |
| By: /s/ Si Chen | |
| Name: Si Chen | |
| Title: Chairman and Chief Executive Officer | |
American Lorain Received Audit Opinion With
Going Concern Explanation, Received Public
Warning Letter From The Exchange, And
Continues Its Listing Pursuant To An
Extension
LINYI CITY, China, November 6, 2017 /PRNewswire/ -- American Lorain Corporation (the "Company") (NYSE MKT: ALN) -- The NYSE MKT Company Guide Section 610(b) requires public announcement through the news media disclosing the receipt of an audit opinion containing a going concern explanation. As previously disclosed in its Annual Report on Form 10-K for the fiscal year ended December 31, 2016, which was filed with the Securities and Exchange Commission on October 30, 2017, the Company's audited financial statements contained a going concern explanatory paragraph in the audit opinion from its independent registered public accounting firm. This announcement does not represent any change or amendment to the Company's consolidated financial statements or to its Annual Report on Form 10-K for the fiscal year ended December 31, 2016.
On October 31, 2017, Company received a letter from NYSE American to grant an extension of listing through December 8, 2017. The Company is not in compliance with NYSE American continued listing standards due to failing to timely file with the SEC its Form 10-K for the fiscal year ended December 31, 2016 and Forms 10-Q for the periods ended March 31, 2017 and June 30, 2017, and Company’s listing is being continued pursuant to this extension granted by NYSE. NYSE Regulation staff will review the Company periodically for compliance with the initiatives to file the required quarterly reports by December 8, 2017. If the Company is not in compliance with the continued listing standards by December 8, 2017, or if the Company does not make progress consistent with Company’s submitted plan during the plan period, Exchange staff will initiate delisting proceedings as appropriate.
On November 3, 2017, Company received a public warning letter from NYSE American as a result of its failure to provide timely notification to the Exchange of material news related to the termination of its Share Exchange Agreement with Shengrong Environmental Protection Holding Company Limited in June 2017. The Exchange has determined that the Company violated one of the Exchange’s listing standards by failing to immediately disclose material information.