UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
FORM
CURRENT REPORT
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Indicate by check mark whether the registrant is an emerging growth company as defined in 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).
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Item 5.07 Submission of Matters to a Vote of Security Holders.
On April 24, 2023, ABVC BioPharma, Inc. (the “Company”) held its 2023 annual meeting of shareholders (the “Annual Meeting”). At the Annual Meeting, the Company’s shareholders voted on 3 proposals. At the beginning of the Annual Meeting, 19,480,116 shares of common stock, which represents 58.88% of the voting power of the shares entitled to vote at the Annual Meeting, were represented by proxy, which constituted a quorum for the transaction of business.
We are filing this Current Report on Form 8-K to disclose the voting results from the Annual Meeting.
| 1. | To re-elect 11 directors to the Company’s board of directors (the “Board”), with such directors to serve until the 2024 annual meeting of shareholders. |
| Name | For | Against | Withheld | |||||||||
| Eugene Jiang | 18,840,814 | 0 | 639,302 | |||||||||
| Norimi Sakamoto | 18,796,356 | 0 | 683,760 | |||||||||
| Yen-Hsin Chou | 18,833,715 | 0 | 646,401 | |||||||||
| Dr. Tsung-Shann (T.S.) Jiang | 18,831,765 | 0 | 648,351 | |||||||||
| Hsin-Hui Miao | 18,831,735 | 0 | 648,381 | |||||||||
| Yoshinobu Odaira | 18,798,388 | 0 | 681,728 | |||||||||
| Dr. Tsang Ming Jiang | 18,831,785 | 0 | 648,331 | |||||||||
| Dr. Chang-Jen Jiang | 18,833,765 | 0 | 646,351 | |||||||||
| Che Wei Hsu | 18,789,099 | 0 | 691,017 | |||||||||
| Shuling Jiang | 18,855,080 | 0 | 625,036 | |||||||||
| Yu-Min (Francis) Chung | 18,840,845 | 0 | 639,271 | |||||||||
| 2. | To ratify the appointment of WWC P.C. CPA as the Company’s independent registered public accounting firm for fiscal year ending December 31, 2023. |
| For | Against | Abstain | ||
| 19,388,899 | 86,207 | 5,010 |
| 3. | To authorize, for purposes of complying with Nasdaq Listing Rule 5635(d), the issuance of shares of our common stock underlying convertible notes and warrants issued by us pursuant to the terms of that certain Securities Purchase Agreement, dated February 23, 2023, by and among the Company and Lind Global Fund II, LP (“Lind”), in an amount equal to or in excess of 20% of our common stock outstanding immediately prior to the issuance of such convertible note and warrants (including upon the operation of anti-dilution provisions contained in such convertible preferred stock and warrants. |
| For | Against | Abstain | ||
| 18,835,192 | 115,688 | 529,236 |
Item 9.01 Financial Statements and Exhibits.
| (d) | Exhibits. |
| Exhibit Number |
Exhibit | |
| 104 | Cover Page Interactive Data File (embedded within the Inline XBRL document) |
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SIGNATURE
Pursuant to the requirements of the Securities and Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
| ABVC BioPharma, Inc. | ||
| April 24, 2023 | By: | /s/ Howard Doong |
| Howard Doong | ||
| Chief Executive Officer | ||
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