UNITED
STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM
CURRENT
REPORT PURSUANT
TO SECTION 13 OR 15(d) OF
THE SECURITIES EXCHANGE ACT OF 1934
Date
of Report (Date of earliest event reported)
(Exact Name of Registrant as Specified in Its Charter)
| (State
or Other Jurisdiction of Incorporation) |
(Commission File Number) | (I.R.S. Employer Identification No.) |
| (Address of Principal Executive Offices) | (Zip Code) | |
(Registrant’s Telephone Number, Including Area Code)
(Former Name or Former Address, if Changed Since Last Report)
Securities registered pursuant to Section 12(b) of the Act:
| Title of each class | Trading Symbol(s) | Name
of each exchange on which registered |
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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):
| Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
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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).
Emerging
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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. ☐
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Item 5.07. Submission of Matters to a Vote of Security Holders.
On October 13, 2021, BioVie Inc., a Nevada corporation (the “Company”) held its 2021 Annual Meeting of stockholders (the “Annual Meeting”). The following matters were considered:
1. Election of Directors
Stockholders elected all of the Company’s nominees for director for one-year terms expiring on the next annual meeting of stockholders. The voting results were as follows:
| For | Withhold | Broker Non-Vote | |||||||
| (1) TERREN S. PEIZER | 20,445,440 | 391,779 | 1,865,518 | ||||||
| (2) CUONG DO | 20,823,834 | 13,385 | 1,865,518 | ||||||
| (3) JIM LANG | 20,821,158 | 16,061 | 1,865,518 | ||||||
| (4) MICHAEL SHERMAN | 20,823,833 | 13,386 | 1,865,518 | ||||||
| (5) RICHARD J. BERMAN | 20,302,945 | 534,274 | 1,865,518 | ||||||
| (6) STEVE GORLIN | 20,823,833 | 13,386 | 1,865,518 | ||||||
| (7) ROBERT HARIRI, M.D. PHD | 20,821,025 | 16,194 | 1,865,518 | ||||||
| (8) SIGMUND ROGICH | 20,823,833 | 13,386 | 1,865,518 | ||||||
2. Approval and Ratification of Auditors
Stockholders approved and ratified the appointment of EisnerAmper LLP to serve as the Company’s independent registered public accounting firm for the 2022 fiscal year. The voting results were as follows:
| For | Against | Abstain | Broker Non-Vote | |||
| 22,674,262 | 26,010 | 2,465 | -0- |
3. Advisory Say-on-Pay Resolution
Stockholders approved the following resolution “RESOLVED” that the stockholders approve the compensation of the Company’s named executive officers as disclosed in the compensation tables and the related disclosure contained in the proxy statement. The voting results were as follows:
| For | Against | Abstain | Broker Non-Vote | |||
| 20,780,782 | 27,943 | 28,494 | 1,865,518 |
4. Advisory Resolution on Frequency of Say-on-Pay Resolution
Stockholders approved the following resolution “RESOLVED” that the stockholders wish the Company to include an advisory vote on the compensation of the Company’s named executive officers pursuant to Section 14A of the Securities Exchange Act of 1934 every (i) year, (ii) two years, or (iii) three years (select one). The voting results were as follows:
| Three Years | Two Years | One Year | Abstain | Broker Non-Vote | ||||
| 20,200,510 | 5,100 | 596,674 | 34,935 | 1,865,518 |
In light of the foregoing vote regarding Proposal Four, the Company has decided to include an advisory stockholder vote on the compensation of executives in its proxy materials every three years.
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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.
Dated: October 14, 2021
| BIOVIE INC. | |||
| By: | /s/ Joanne Wendy Kim | ||
| Name: | Joanne Wendy Kim | ||
| Title: | Chief Financial Officer | ||
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