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): 01/29/2016
Neah Power Systems, Inc.
(Exact Name of Registrant as Specified in Charter)
Nevada | 000-49962 | 88-0418806 |
(State or Other Jurisdiction of Incorporation) | (Commission File Number) | (IRS Employer Identification No.) |
22118 20th Avenue SE, Suite 142 Bothell, Washington |
| 98021 |
(Address of principal executive offices) |
| (Zip Code) |
Registrants telephone number, including area code: (425) 424-3324
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:
¨ 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))
Information About Forward-Looking Statements
This Current Report on Form 8-K of contains forward-looking statements. The words or phrases "would be," "will allow," "intends to," "will likely result," "are expected to," "will continue," "is anticipated," "estimate," "project," or similar expressions are intended to identify "forward-looking statements." Neah Power Systems, Inc.s financial and operational results reflected herein should not be construed by any means as representative of the current or future value of its common stock. All information set forth in this Current Report on Form 8-K, except historical and factual information, represents forward-looking statements. This includes all statements about the Companys plans, beliefs, estimates and expectations. These statements are based on current estimates and projections, which involve certain risks and uncertainties that could cause actual results to differ materially from those in the forward-looking statements. These risks and uncertainties include issues related to: rapidly changing technology and evolving standards in the industries in which the Company and its subsidiaries operate; the ability to obtain sufficient funding to continue operations, maintain adequate cash flow, profitably exploit new business, license and sign new agreements; the unpredictable nature of consumer preferences; and other factors set forth in the Company's most recently filed annual report and registration statement. Readers are cautioned not to place undue reliance on these forward-looking statements, which reflect management's analysis only as of the date hereof. The Company undertakes no obligation to publicly revise these forward-looking statements to reflect events or circumstances that arise after the date hereof. Readers should carefully review the risks and uncertainties described in other documents that the Company files from time to time with the U.S. Securities and Exchange Commission (the SEC).
Item 5.07 Submission of Matters to a vote of Security Holders
January 29, 2015, was set by Neah Power Systems, Inc. (the Company) as the Companys Voting Date for a Proxy Consent Solicitation in Lieu of Shareholders Meeting. Each of the three proposals to be voted upon was described in detail in the Company's Schedule 14A Proxy Statement, filed with the Commission on Novermber 25, 2015.
With respect to the votes cast:
Of the 2,286,740,595 eligible votes, 1,793,213,928 votes, or 78.41%, were cast, thereby constituting a quorum.
With respect to each of the proposals the Company's shareholders voted as indicated below:
1. To consider and vote upon to increase the number of authorized shares of Common Stock (Proposal 1)
| For | Against | Abstain | Broker Non-Votes |
| 1,545,986,284 | 241,757,038 | 5,470,606 |
|
2. To consider and vote to re-elect the existing members of our Board of Directors (Proposal 2)
| For | Against | Abstain | Broker Non-Votes |
Dr. Gerald C. DCouto | 1,183,824,947 | 39,356,089 | 12,223,088 | 557,809,804 |
Jeffrey B. Sakaguchi | 1,190,481,128 | 28,346,965 | 16,576,031 | 557,809,804 |
David Schmidt | 1,190,147,171 | 26,192,838 | 19,064,115 | 557,809,804 |
Jon M. Garfield | 1,192,925,825 | 25,200,538 | 17,277,761 | 557,809,804 |
William M. Shenkin | 1,186,589,995 | 31,521,614 | 17,292,515 | 557,809,804 |
3. To consider and ratify the appointment of Peterson Sullivan LLP as the Companys independent registered public accounting firm (Proposal 3)
| For | Against | Abstain | Broker Non-Votes |
| 1,730,264,957 | 52,725,078 | 10,223,893 | -- |
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SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
| Neah Power Systems, Inc. | |
|
| |
| By: | /s/ David Schmidt |
|
| David Schmidt |
|
| Acting Principal Financial Officer |
Date: January 29, 2016
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