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): December 2, 2015

 

 

SCIO DIAMOND TECHNOLOGY CORPORATION

(Exact name of registrant as specified in its charter)

 

  

Nevada		000-54529		45-3849662
(State or other jurisdiction of incorporation)		(Commission File Number)		(IRS Employer Identification No.)
411 University Ridge Suite D Greenville, SC				29601
(Address of principal executive offices)				(Zip Code)

 

Registrant’s telephone number, including area code: (864) 751-4880

 

Not applicable

(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 (see General Instruction A.2. below):

 

	¨	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))

 

  

Item 5.07.

Submission of Matters for a Vote of Security Holders

 

Set forth below are the matters the Company’s stockholders voted on at the 2015 Annual Meeting and the final voting results.

 

Proposal No. 1: Election of Directors. All seven nominees for director were elected to serve for a one-year term and to serve until the next annual meeting in which their successors are elected, or, if earlier, until their retirement, resignation or removal. The results of the election were as follows:

 

Name of Director		For				Withheld				Broker Non-Votes
James A. Korn			21,585,699				3,320,417				12,382,391
Karl V. Leaverton			24,855,991				50,125				12,382,391
Bruce M. Likly			21,688,085				3,218,031				12,382,391
Gerald A. McGuire			24,855,991				50,125				12,382,391
Bernard M. McPheely			24,471,991				434,125				12,382,391
Lewis T. Smoak			24,845,991				60,125				12,382,391
Benjamin Wolkowitz			21,696,220				3,209,896				12,382,391

 

Proposal No. 2: Ratification of Independent Registered Public Accounting Firm. The stockholders ratified the appointment of Cherry Bekaert LLP as the Company’s independent registered public accounting firm for the fiscal year ending March 31, 2016. The vote on the ratification was as follows:

 

For				Against				Abstain
	36,863,311				247,198				177,998

 

Proposal No. 3: Advisory Vote on Executive Compensation. The stockholders approved, on a non-binding, advisory basis, the compensation of the Company’s named executive officers, as disclosed pursuant to the compensation disclosure rules of the Commission. The results of the non-binding, advisory vote were as follows:

 

For				Against				Abstain				Broker Non-Votes
	24,106,252				554,564				245,300				12,382,391

 

Proposal No. 4: Advisory Vote on Frequency of Executive Compensation Vote. The stockholders recommended, on a non-binding, advisory basis, that the Company hold future non-binding, advisory votes on executive compensation every 1 years. The results of the advisory vote were as follows:

 

Every Year				Every Other Year				Every Three Years				Abstain				Broker Non-Votes
	21,715,344				2,841,871				75,500				273,401				12,382,391

 

The Board has considered these results and determined that the Company should hold a non-binding, advisory vote on the frequency of advisory votes on executive compensation every 1 year until the next required advisory vote on the frequency of advisory votes on executive compensation.

 

  

SIGNATURES

 

Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned, hereunto duly authorized.

 

	SCIO DIAMOND TECHNOLOGY CORPORATION
	(Registrant)
Date:  December 7, 2015	By:	/s/ Gerald McGuire
		Gerald McGuire
		President and Chief Executive Officer