SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Pursuant to Section 13 or 15(d)
of the Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): December 2, 2020
Avita Therapeutics, Inc.
(Exact name of registrant as specified in its charter)
(State or other jurisdiction
|28159 Avenue Stanford, Suite 220, Valencia, CA 91355||661.367.9170|
|(Address of principal executive offices, including Zip Code)||(Registrants telephone number, including area code)|
(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:
|Common Stock, par value $0.0001 per share||RCEL||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 or Rule 12b-2 of the Securities Exchange Act of 1934.
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 5.03. Amendments to Articles of Incorporation of Bylaws; Change in Fiscal Year.
Effective December 2, 2020, AVITA Therapeutics, Inc. (the Company), changed its corporate name to AVITA Medical, Inc. after successfully filing a Certificate of Amendment of Certificate of Incorporation with the Secretary of State of the State of Delaware.
A copy of the Companys Certificate of Amendment of Certificate of Incorporation is attached as Exhibit 3.1 hereto and incorporated by reference.
The Company has also begun the process of registering its change in corporate name with the Australian Securities and Investment Commission related to its listing on the Australian Securities Exchange and will provide relevant notices in the Australian market regarding the status and completion of that process, which is expected to take several weeks.
Item 9.01 Financial Statements and Exhibits.
|3.1||Certificate of Amendment of Certificate of Incorporation.|
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: December 2, 2020
|AVITA THERAPEUTICS, INC.|
AVITA THERAPEUTICS, INC.
CERTIFICATE OF AMENDMENT
CERTIFICATE OF INCORPORATION
Avita Therapeutics, Inc. (the Corporation), a corporation organized and existing under and by virtue of the General Corporation Law of the State of Delaware (the DGCL), for the purpose of amending its Certificate of Incorporation, hereby certifies as follows:
FIRST: That by resolution of the Board of Directors of the Corporation setting forth a proposed amendment of the Certificate of Incorporation of the Corporation, the Board of Directors declared said amendment to be advisable and authorized, approved and adopted said amendment. The resolution setting forth the proposed amendment is as follows:
NOW, THEREFORE, BE IT RESOLVED, that Section 1.01 of Article 1 of the Certificate of Incorporation shall be amended in its entirety to read as follows:
SECTION 1.01 Name. The name of the Corporation is AVITA Medical, Inc. (the Corporation).
SECOND: That said amendment of the Certificate of Incorporation of the Corporation herein certified was duly adopted pursuant to the provisions of Section 242 of the DGCL.
IN WITNESS WHEREOF, the Corporation has caused this Certificate of Amendment to be executed on this 25th day of November, 2020.
|AVITA THERAPEUTICS, INC.|
|By:||/s/ Donna Shiroma|