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): November 19, 2020
ACER THERAPEUTICS INC.
(Exact name of registrant as specified in its charter)
|
Delaware |
|
001-33004 |
|
32-0426967 |
|
(State or other jurisdiction of |
|
(Commission File Number) |
|
(IRS Employer Identification No.) |
|
One Gateway Center, Suite 351 Newton, Massachusetts |
|
02458 |
|
(Address of principal executive offices) |
|
(Zip Code) |
|
Registrant’s telephone number, including area code: (844) 902-6100 |
||
|
N/A |
||
|
(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 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)) |
|
Securities registered pursuant to Section 12(b) of the Act: |
||
|
Title of Each Class |
Trading Symbol |
Name of Each Exchange on Which Registered |
|
Common Stock, $0.0001 par value per share |
ACER |
The Nasdaq Stock Market 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
The virtual Annual Meeting of Stockholders of Acer Therapeutics Inc. (the “Company”) was held on November 19, 2020 (the “Annual Meeting”). Two proposals were submitted to stockholders as described in the Proxy Statement for the Annual Meeting and were approved by the Company’s stockholders at the Annual Meeting. The proposals and the results of the stockholder votes are as follows.
1.Proposal to elect five directors to serve until the 2021 annual meeting or until their successors are duly elected and qualified:
|
|
|
|
|
|
|
|
Broker |
|
|
|
For |
|
Withheld |
|
|
Non-Votes |
|
|
|
|
|
|
|
|
|
|
|
Stephen J. Aselage |
6,104,412 |
|
38,640 |
|
|
2,728,607 |
|
|
Jason Amello |
6,104,280 |
|
38,772 |
|
|
2,728,607 |
|
|
John M. Dunn |
6,104,812 |
|
38,240 |
|
|
2,728,607 |
|
|
Michelle Griffin |
6,104,047 |
|
39,005 |
|
|
2,728,607 |
|
|
Chris Schelling |
6,104,395 |
|
38,657 |
|
|
2,728,607 |
2.Proposal to ratify the appointment of BDO USA, LLP as independent auditors for the fiscal year ending December 31, 2020:
|
|
|
|
|
|
|
|
Broker |
|
|
For |
|
Against |
|
Abstain |
|
Non-Votes |
|
|
|
|
|
|
|
|
|
|
|
8,843,748 |
|
24,390 |
|
3,521 |
|
0 |
|
|
|
|
|
|
2
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: November 19, 2020 |
ACER THERAPEUTICS INC. |
|
|
|
|
|
|
|
|
|
By: |
/s/ Harry S. Palmin |
|
|
|
|
Harry S. Palmin |
|
|
|
|
Chief Operating Officer and Chief Financial Officer |
|
3