0001096906-13-001448.txt : 20130830 0001096906-13-001448.hdr.sgml : 20130830 20130830170111 ACCESSION NUMBER: 0001096906-13-001448 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20130827 ITEM INFORMATION: Changes in Registrant's Certifying Accountant ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20130830 DATE AS OF CHANGE: 20130830 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ALTEX INDUSTRIES INC CENTRAL INDEX KEY: 0000775057 STANDARD INDUSTRIAL CLASSIFICATION: CRUDE PETROLEUM & NATURAL GAS [1311] IRS NUMBER: 840989164 STATE OF INCORPORATION: DE FISCAL YEAR END: 0930 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-09030 FILM NUMBER: 131072974 BUSINESS ADDRESS: STREET 1: 1560 BROADWAY STREET 2: STE 2090 CITY: DENVER STATE: CO ZIP: 80202-5180 BUSINESS PHONE: 3032659312 MAIL ADDRESS: STREET 1: PO BOX 1057 CITY: BRECKENRIDGE STATE: CO ZIP: 80424 8-K 1 altex.htm ALTEX INDUSTRIES, INC. 8K 2013-08-27 altex.htm


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) August 27, 2013
 
ALTEX INDUSTRIES, INC.
(Exact name of registrant as specified in its charter)
 
Delaware
1-09030
84-0989164
(State or other jurisdiction of incorporation)
(Commission File Number)
(IRS Employer Identification No.)
 
PO Box 1057 Breckenridge CO 80424
(Address of principal executive offices) (Zip Code)
 
Registrant’s telephone number, including area code (303) 265-9312
 

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

¨ Soliciting material pursuant to Rule 14a−12 under the Exchange Act

¨ Pre-commencement communications pursuant to Rule 14d−2(b) under the Exchange Act

¨ Pre-commencement communications pursuant to Rule 13e−4(c) under the Exchange Act

 
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Item 4.01 Changes in Registrant’s Certifying Accountant.
 
On August 27, 2013, Comiskey and Company (“Comiskey”) declined to stand for re-election as the Registrant’s principal accountant to audit the Registrant’s financial statements, and the Registrant appointed Malone Bailey LLP (“Malone Bailey”) as the Registrant’s principal accountant to audit the Registrant’s financial statements.
 
During the Registrant's two most recent fiscal years, Comiskey's report on the Registrant’s financial statements did not contain an adverse opinion or a disclaimer of opinion, nor was it qualified or modified as to uncertainty, audit scope, or accounting principles. The decision to change accountants was recommended by the Audit Committee of the Board of Directors. During the Registrant's two most recent fiscal years and the subsequent interim period, there were no disagreements with Comiskey on any matter of accounting principles or practices, financial statement disclosure, or auditing scope or procedure, which disagreement, if not resolved to the satisfaction of Comiskey, would have caused it to make reference to the subject matter of the disagreement in connection with its report.
 
There were no “reportable events” of the kinds listed in paragraphs (a)(1)(v) (A) through (D) of §229.304 that occurred within the Registrant’s two most recent fiscal years and any subsequent interim period preceding Comiskey’s declination to stand for reelection. None of the following kinds of events occurred within the Registrant’s two most recent fiscal years or any subsequent interim period preceding Comiskey’s declination to stand for reelection: (A) Comiskey’s having advised the Registrant that the internal controls necessary for the Registrant to develop reliable financial statements do not exist; (B) Comiskey’s having advised the Registrant that information has come to Comiskey’s attention that has led it to no longer be able to rely on management’s representations, or that has made it unwilling to be associated with the financial statements prepared by management; (C)(1) Comiskey’s having advised the Registrant of the need to expand significantly the scope of its audit, or that information has come to Comiskey’s attention during the Registrant’s two most recent fiscal years or any subsequent interim period preceding Comiskey’s declination to stand for reelection, that if further investigated may: (i) Materially impact the fairness or reliability of either: a previously issued audit report or the underlying financial statements; or the financial statements issued or to be issued covering the fiscal periods subsequent to the date of the most recent financial statements covered by an audit report (including information that may prevent it from rendering an unqualified audit report on those financial statements), or (ii) Cause it to be unwilling to rely on management’s representations or be associated with the Registrant’s financial statements, and (2) Due to Comiskey’s declination to stand for reelection (due to audit scope limitations or otherwise), or for any other reason, Comiskey did not so expand the scope of its audit or conduct such further investigation; or (D)(1) Comiskey’s having advised the Registrant that information has come to Comiskey’s attention that it has concluded materially impacts the fairness or reliability of either (i) a previously issued audit report or the underlying financial statements, or (ii) the financial statements issued or to be issued covering the fiscal periods subsequent to the date of the most recent financial statements covered by an audit report (including information that, unless resolved to Comiskey’s satisfaction, would prevent it from rendering an unqualified audit report on those financial statements), and (2) Due to Comiskey’s declination to stand for re-election, or for any other reason, the issue has not been resolved to Comiskey’s satisfaction prior to its declination to stand for re-election.
 
During the Registrant’s two most recent fiscal years, and the subsequent interim periods prior to engaging Malone Bailey, neither the Registrant nor anyone on its behalf consulted Malone Bailey regarding (1) the application of accounting principles to a specified transaction, either completed or proposed, (2) the type of audit opinion that might be rendered on the Registrant’s financial statements, or (3) any matter that was either the subject of a disagreement (as defined in paragraph 304(a)(1)(iv) and the related instructions to Item 304) or a reportable event (as described in paragraph 304(a)(1)(v)).
 
 
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Item 9.01 Financial Statements and Exhibits.

16           Letter re change in certifying accountant


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 thereunto duly authorized.
 
Dated: August 28, 2013
By:
/s/ Steven H. Cardin
   
Chief Executive Officer and
   
Principal Financial Officer

 
 
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EX-16 2 altexexh16.htm LETTER RE CHANGE IN CERTIFYING ACCOUNTANT altexexh16.htm
EXHIBIT 16


Letter re change in certifying accountant



August 28, 2013

U.S. Securities and Exchange Commission
100 F. Street, NE
Washington, DC 20549

Re: Altex Industries, Inc. Commission File Number 1-9030

Gentlemen:

We have read the statements of Altex Industries, Inc. in Item 4.01 of Form 8-K dated August 27, 2013, and are in agreement with the statements as they relate to Comiskey & Company, PC contained therein. We have no basis to agree or disagree with other statements contained therein.



/s/ Comiskey & Company
PROFESSIONAL CORPORATION