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Washington, D.C. 20549






Pursuant to Section 13 Or 15(d) Of

The Securities Exchange Act of 1934


Date of Report (Date of earliest event reported): January 30, 2024



(Exact name of registrant as specified in its charter)


Delaware   001-39418   83-3713938
(State or other jurisdiction
of incorporation) 
  (Commission File Number)   (IRS Employer
Identification No.)


1870 Bath Avenue, Brooklyn, NY 11214

(Address of principal executive offices) (Zip Code)


Registrant’s telephone number, including area code: (800) 299-9470



(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:


Written communications pursuant to Rule 425 under the Securities Act (17 CFR230.425)


Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR240.14a-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))


Securities registered pursuant to Section 12(b) of the Act:


Title of each class   Trading Symbol(s)   Name of each exchange on which registered
Common Stock, $0.0001 par value per share   POL   NYSE American LLC


Indicate by check mark whether the registrant is an emerging growth company 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 5.07 Submission of Matters to a Vote of Security Holders.


On January 30, 2024, Polished.com Inc. (the “Company”) held its annual meeting of stockholders via live audio webcast (the “Annual Meeting”). At the Annual Meeting, the Company’s stockholders voted on two proposals, which are described in more detail in the Company’s definitive proxy statement filed with the Securities and Exchange Commission on December 26, 2023.


Also on January 30, 2024, First Coast Results, Inc. (the “Inspector of Election”), the independent inspector of election for the Annual Meeting, issued its final report, which certified the final voting results for the Annual Meeting. Based on the certified final voting results received from the Inspector of Election, of the 2,109,347 shares of the Company’s common stock outstanding as of the record date of December 18, 2023, 1,134,678 shares, or 53.79%, were represented at the Annual Meeting either in person or by proxy, constituting a quorum.


Set forth below are the proposals voted upon at the Annual Meeting, and the final voting results as provided by the Inspector of Election, based on the information available to the Inspector of Election.


Proposal 1: Election of Directors


The Company’s stockholders elected Ellery W. Roberts, Houman Akhavan, Ellette A. Anderson, Clark R. Crosnoe, Glyn C. Milburn, James M. Schneider, G. Alan Shaw and Edward J. Tobin as directors, each to hold office until the Company’s next annual meeting of stockholders or until his or her respective successor is elected and qualified. The votes cast were as follows:


Company Nominees  For   Withheld 
Ellery W. Roberts   261,122    117,202 
Houman Akhavan   307,566    70,758 
Ellette A. Anderson   302,716    75,608 
Clark R. Crosnoe   309,591    68,733 
Glyn C. Milburn   302,176    76,148 
James M. Schneider   308,802    69,522 
G. Alan Shaw   304,404    73,920 
Edward J. Tobin   305,205    73,117 


Other Nominees  For   Withheld 
Jerald Hammann   71,385    286,699 


Proposal 2: Ratification of Selection of Independent Registered Public Accounting Firm


The Company’s stockholders ratified the selection of Sadler, Gibb & Associates, LLC as the Company’s independent registered public accounting firm for the fiscal year ending December 31, 2023. The votes cast were as follows:


For   Against   Abstain
998,346   88,769   47,563


Item 8.01 Other Events.


On January 31, 2024, the Company issued a press release announcing the final results of the Annual Meeting. A copy of the press release is attached hereto as Exhibit 99.1 and is incorporated herein by reference.


Item 9.01 Financial Statements and Exhibits.


(d) Exhibits


99.1   Press Release dated January 31, 2024, issued by Polished.com Inc.
104   Cover Page Interactive Data File (embedded within the Inline XBRL document)







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.


  By: /s/ Robert D. Barry
  Name: Robert D. Barry
  Title: Interim Chief Financial Officer


Dated: January 31, 2024