Attached files
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| EX-16.1 - EXHIBIT 16.1 - ERHC Energy Inc | ex16_1.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): December 07, 2016 (December 08, 2016)
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ERHC ENERGY INC.
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(Exact name of registrant as specified in its charter)
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Colorado
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000-1-7325
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88-0218499
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(State or Other Jurisdiction of Incorporation)
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(Commission File Number)
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(IRS Employer Identification No.)
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5444 Westheimer Road, Suite 1440, Houston, Texas
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77056
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(Address of Principal Executive Offices)
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(Zip Code)
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Registrant's telephone number, including area code
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(713) 626-4700
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None
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(Former Name or Former Address, if Changed Since Last Report)
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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 (see General Instruction A.2. below):
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Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
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Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
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Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
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Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
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ITEM 4.01 CHANGE IN COMPANY’S CERTIFYING ACCOUNTANT
On December 03, 2016, the audit committee of ERHC Energy, Inc., (the “Company”) approved the disengagement of MaloneBailey, LLP (“MB”) as the registered independent public accountant and the appointment of M&K CPAS, PLLC (“M&K”) as the Company’s registered independent public accounting firm as of December 04, 2016. The audit committee acted on the recommendation of the Company’s management after the Company failed to reach an agreement with MB on remuneration payable for MB continuing to act as the Company’s independent registered public accountant. The Company has been cutting expenditure across its operations in view of current economic conditions.
Other than the disclosure of uncertainty regarding the ability for us to continue as a going concern which was included in our accountant’s report on the amended financial statement filed May 10, 2016 for the years ending September 30, 2014 and September 30, 2015, MB’s reports on the financial statements of the Company for the years ending September 30, 2014 and September 30, 2015 did not contain an adverse opinion or a disclaimer of opinion, nor were they qualified or modified as to uncertainty, audit scope, or accounting principles.
In connection with the audit and review of the financial statements of the Company through June 30, 2016, there were no disagreements on any matter of accounting principles or practices, financial statement disclosures, or auditing scope or procedures, which disagreements if not resolved to their satisfaction would have caused them to make reference in connection with MB’s opinion to the subject matter of the disagreement.
In connection with the audited financial statements of the Company for the years ending September 30, 2014 and September 30, 2015, and interim unaudited financial statements through June 30, 2016, there have been no reportable events with the Company as set forth in Item 304(a)(1)(v) of Regulation S-K.
Prior to September 2016, the Company did not consult with M&K regarding (1) the application of accounting principles to specified transactions, (2) the type of audit opinion that might be rendered on the Company’s financial statements, (3) written or oral advice was provided that would be an important factor considered by the Company in reaching a decision as to an accounting, auditing or financial reporting issues, or (4) any matter that was the subject of a disagreement between the Company and its predecessor auditor as described in Item 304(a)(1)(iv) or a reportable event as described in Item 304(a)(1)(v) of Regulation S-K.
The Company provided a copy of the foregoing disclosures to MB prior to the date of the filing of this report and requested that MB furnish it with a letter addressed to the Securities & Exchange Commission stating whether or not it agrees with the statements in this Report. A copy of the letter furnished in response to that request is filed as Exhibit 16.1 to this Form 8-K.
ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS.
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Exhibit No.
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Description
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| 16.1* |
Letter dated March December 08, 2016 From MaloneBailey, LLP
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Forward-Looking Statements
Forward-looking statements in this 8-K are made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. These forward-looking statements include the statements regarding potential errors in previously issued financial statements; the nature, magnitude and scope of potential errors and the Company's investigation and analysis of such potential errors. These statements are just predictions reflecting management’s current judgment and involve risks and uncertainties, such that actual results may differ significantly. These risks include, but are not limited to, additional actions resulting from the Company's continuing internal review, as well as the review and audit by the Company's independent auditors of restated financial statements, if any, and actions resulting from discussions with or required by the Securities and Exchange Commission, along with other risks and uncertainties discussed in the Company’s Annual Report on Form 10-K for the fiscal 2006 and the Company’s Quarterly Reports on Form 10-Q for subsequent quarters. The Company disclaims any obligation to update any forward-looking statements.
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.
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ERHC ENERGY INC.
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Dated : December 08, 2016
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By:
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/s/ Peter Ntephe
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Name:
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Peter Ntephe | ||
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Title:
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Chief Executive Officer | ||