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) March 12, 2012
DayStar Technologies, Inc.
(Exact Name of Registrant as Specified in Charter)
| Delaware | 001-34052 | 84-1390053 | ||
| (State or Other Jurisdiction of Incorporation) |
(Commission File Number) |
(IRS Employer Identification No.) |
33556 Alvarado Niles Road
Union City, CA 94587-1010
(Address of Principal Executive Offices) (Zip Code)
(408) 582-7100
(Registrant’s telephone number, including area code)
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)) |
| Item 3.01 | Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing. |
On November 29, 2011, DayStar Technologies, Inc. (the “Company”) received a letter from the Nasdaq Stock Market (“Nasdaq”) notifying the Company that the Company was no longer in compliance with Nasdaq’s independent director and audit committee requirements as set forth in Listing Rules 5605(b)(1) and 5605(c)(2), respectively.
On March 12, 2012, the Company received notice from Nasdaq that, based on information contained in the Company’s Current Report on Form 8-K filed on March 6, 2012, Nasdaq had determined that the Company was again in compliance with Nasdaq’s independent director and audit committee requirements as set forth in Listing Rules 5605(b)(1) and 5605(c)(2) and the matter is now closed.
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.
| DAYSTAR TECHNOLOGIES, INC. | ||||||
| Date: March 16, 2012 | By | /s/ Christopher T. Lail | ||||
| Christopher T. Lail | ||||||
| Chief Financial Officer | ||||||