Wednesday, January 07, 2009 7:31:05 AM
To Our Valued Shareholders,
Recently the trading stock symbol for XsunX, Inc. was modified and an "e"
was appended so that the trading symbol appears as XSNXE.OB. We have
received numerous calls requesting clarification as to why this occurred and
what it means. Below is a brief explanation.
On November 31, 2008 XsunX, Inc. filed a Form 8-K Report with the United
States Securities and Exchange Commission ("SEC") advising that we had
terminated our independent registered public accounting firm and that we
would be retaining the new firm of Stark, Winter, Schenkein & Co., LLP
("Stark") as our new independent registered public accounting firm to audit
our financial statements necessary for our 2008 annual report on Form 10-K.
A complete copy of this filing can be found at the SEC web site under the
following link;
http://idea.sec.gov/Archives/edgar/data/1039466/000114420408061594/000114420
4-08-061594-index.idea.htm
As our new independent registered public accounting firm, Stark is required
to provide an audit opinion covering each fiscal period presented within our
annual report. Our annual report contains audited financials for the current
period ended September 30, 2008, and the previous fiscal period ended
September 30, 2007. For this reason Stark has been conducting an audit of
each of these periods. While we had hoped to complete the audit and file our
annual report on Form 10-K with the SEC within the allotted time period, the
scope of audit work requirements stemming from the passage of Sarbanes Oxley
regulations have caused a delay in the filing of our annual report.
Separate from the SEC a regulatory agency named the Financial Industry
Regulatory Authority ("FINRA") regulates the various trading platforms such
as the NYSE, NASDQ, and the OTCBB. FINRA also issues public company stock
symbols and monitors compliance of quoted companies with SEC report filing
requirements. When XsunX became delinquent on December 31, 2008 with the
filing of our 2008 Form 10-K annual report FINRA appended our trading symbol
with an "e" to alert the market of our delayed filing. Under FINRA rules we
have a 30 day grace period in which to complete our filing and become
current again.
The XsunX staff and Stark are working diligently to complete the necessary
audits and intend to file within the 30 day grace period provided under
FINRA regulations.
We understand the confusion this may have created. If you have additional
questions please contact our Investor Relations desk by email at
investors@xsunx.com or by phone at 888-797-4527.
Yours Truly,
Tom M. Djokovich, CEO
XsunX, Inc.
Safe Harbor Statement: Matters discussed in this shareholder news letter
contain forward-looking statements within the meaning of the Private
Securities Litigation Reform Act of 1995. When used in this shareholder news
letter, the words "anticipate," "believe," "estimate," "may," "intend,"
"expect" and similar expressions identify such forward-looking statements.
Actual results, performance or achievements could differ materially from
those contemplated, expressed or implied by the forward-looking statements
contained herein. These forward-looking statements are based largely on the
expectations of the Company and are subject to a number of risks and
uncertainties. These include, but are not limited to, risks and
uncertainties associated with: the impact of economic, competitive and other
factors affecting the Company and its operations, markets, product, and
distributor performance, the impact on the national and local economies
resulting from terrorist actions, and U.S. actions
subsequently; and other factors detailed in reports filed by the Company.
Recent XSNX News
- Form 3 - Initial statement of beneficial ownership of securities • Edgar (US Regulatory) • 06/11/2024 07:16:26 PM
- Form SC 13D - General statement of acquisition of beneficial ownership • Edgar (US Regulatory) • 06/11/2024 07:15:50 PM
- Form 4 - Statement of changes in beneficial ownership of securities • Edgar (US Regulatory) • 06/04/2024 06:46:05 PM
- Form 8-K - Current report • Edgar (US Regulatory) • 06/04/2024 06:43:18 PM
- Form 8-K - Current report • Edgar (US Regulatory) • 05/17/2024 07:26:12 PM
- Form 10-Q - Quarterly report [Sections 13 or 15(d)] • Edgar (US Regulatory) • 05/15/2024 11:53:57 AM
- Form 8-K - Current report • Edgar (US Regulatory) • 02/28/2024 08:06:53 PM
- Form 10-Q - Quarterly report [Sections 13 or 15(d)] • Edgar (US Regulatory) • 02/27/2024 09:52:41 PM
- Form NT 10-Q - Notification of inability to timely file Form 10-Q or 10-QSB • Edgar (US Regulatory) • 02/15/2024 01:38:21 PM
- Form 10-K - Annual report [Section 13 and 15(d), not S-K Item 405] • Edgar (US Regulatory) • 02/09/2024 05:40:48 PM
- Form 8-K - Current report • Edgar (US Regulatory) • 02/06/2024 01:47:49 PM
- Form 8-K - Current report • Edgar (US Regulatory) • 01/22/2024 06:44:01 PM
- Form SC 13G - Statement of acquisition of beneficial ownership by individuals • Edgar (US Regulatory) • 01/18/2024 09:02:19 PM
- Form 8-K - Current report • Edgar (US Regulatory) • 01/05/2024 01:49:05 PM
- Form 8-K - Current report • Edgar (US Regulatory) • 01/02/2024 08:55:22 PM
- Form NT 10-K - Notification of inability to timely file Form 10-K 405, 10-K, 10-KSB 405, 10-KSB, 10-KT, or 10-KT405 • Edgar (US Regulatory) • 01/02/2024 05:31:37 PM
- Form 8-K - Current report • Edgar (US Regulatory) • 12/21/2023 07:30:33 PM
- Form 8-K - Current report • Edgar (US Regulatory) • 09/11/2023 01:27:36 PM
- Form 8-K - Current report • Edgar (US Regulatory) • 08/18/2023 03:52:40 PM
- Form 8-K - Current report • Edgar (US Regulatory) • 08/14/2023 05:27:16 PM
- Form 10-Q - Quarterly report [Sections 13 or 15(d)] • Edgar (US Regulatory) • 08/11/2023 06:50:55 PM
- Form 8-K - Current report • Edgar (US Regulatory) • 06/30/2023 03:54:57 PM
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