UNITED STATES SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

FORM 8-K/A

CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

 

Date of Report (Date of Earliest Event Reported): May 6, 2013

 

Atossa Genetics Inc.

(Exact name of registrant as specified in its charter)

         
Delaware   001-35610   26-4753208
(State or other jurisdiction of
incorporation) 		  (Commission File Number)   (I.R.S. Employer
Identification No.)

 

1616 Eastlake Ave. East, Suite 510, Seattle,
Washington 		  98102
(Address of principal executive offices)   (Zip Code)

 

Registrant’s telephone number, including area code: 800 351-3902

 

4105 E. Madison st., Suite 320

Seattle, Washington 98112

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:

 

o     Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o     Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o     Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

o     Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

  

 
 

 

EXPLANATORY NOTE

 

This current report on Form 8-K/A (the “Amendment”) amends the current report on Form 8-K dated May 6, 2013, filed by Atossa Genetics Inc. (the “Company”) with the U.S. Securities and Exchange Commission (the “Original Form 8-K”). The Original Form 8-K reported the final voting results of the Company’s 2013 Annual Meeting of Stockholders held on May 6, 2013 (the “Annual Meeting”). The sole purpose of this Amendment is to disclose the Company’s decision regarding how frequently it will conduct future stockholder advisory votes to approve the compensation of the Company’s named executive officers (“Say on Pay”). No other changes have been made to the Original Form 8-K.

 

Item 5.07     Submission of Matters to a Vote of Security Holders

 

As previously reported in the Original Form 8-K, in a non-binding advisory vote held at the Annual Meeting on the frequency of future Say on Pay votes, 1,116,344 shares voted for a one-year frequency, 161,796 shares voted for a two-year frequency, 4,959,466 shares voted for a three-year frequency, 84,381 shares abstained from voting. The Company has considered the outcome of this advisory vote and has determined that the Company will hold future Say on Pay votes every three years until the occurrence of the next advisory vote on the frequency of Say on Pay votes. The next advisory vote regarding the frequency of Say on Pay votes is required to occur no later than the Company’s 2019 Annual Meeting of Stockholders.

 

 

    

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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.

 

         
Date: August 15, 2013 Atossa Genetics Inc.
 		  
  By:   /s/ Kyle Guse   
    Kyle Guse  
    Chief Financial Officer, General Counsel and Secretary