c3510210qa1.htm
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
WASHINGTON,
D.C. 20549
_____________________
AMENDMENT
NO. 1
TO
FORM
10-Q
_____________________
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x
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QUARTERLY
REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF
1934
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For the
quarterly period ended September 30, 2009
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o
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TRANSITION
REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF
1934
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For
the transition period from ______to______.
Commission
File Number: 000-52496
CHINA
JIANYE FUEL, INC.
(Exact
name of registrant as specified in its charter)
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Delaware
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20-8296010
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(State
or other jurisdiction of
incorporation
or organization)
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(I.R.S.
Employer Identification Number)
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136-20
38th Ave. Unit 3G, Flushing, NY 11354
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(Address
of principal executive office and zip code)
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718-395-8706
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(Registrant’s
telephone number, including area
code)
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Indicate
by check mark whether the issuer (1) has filed all reports required to be filed
by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the
preceding 12 months (or for such shorter period that the registrant was required
to file such reports), and (2) has been subject to such filing requirements for
the past 90 days. Yes x No
o
Indicate
by check mark whether the registrant has submitted electronically and posted on
its corporate Web site, if any, every Interactive Data File required to be
submitted and posted pursuant to Rule 405 of Regulation S-T (229.405 of this
chapter) during the preceding 12 months (or for such shorter period that the
registrant was required to submit and post such files). Yes o No
o
Indicate
by check mark whether the registrant is a large accelerated filer, an
accelerated filer, a non-accelerated filer, or a smaller reporting
company. See the definitions of “large accelerated filer,”
“accelerated filer” and “smaller reporting company” in Rule 12b-2 of the
Exchange Act.
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Large
accelerated filer o
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Accelerated
filer o
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Non-accelerated
filer o
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Smaller
reporting company x
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Indicate
by check mark whether the registrant is a shell company (as defined in Rule
12b-2 of the Exchange Act). Yes o No x
As of
October 20, 2009, 29,976,923 shares of the Registrant’s common stock, $0.001 par
value, were outstanding.
EXPLANATORY
NOTE
We are
filing this Amendment No.1 to Form 10-Q (File Number: 000-52496), or this
Amendment, to amend certain sections in our Form 10-Q for the three months ended
September 30, 2009, originally filed on November 20, 2009 (the “Original
Filing”). This Amendment amends Part I, Item 4(T) Controls and Procedures and
Item 6 Exhibits. This Amendment does not otherwise amend the Original
Filing.
Except as
set forth above, this Amendment does not modify, amend or update in any way any
other items or disclosure in the Original Filing. This Amendment continues to
speak as of the date of the Original Filing and other than as specifically
reflected in this Amendment does not reflect events occurring after the filing
of the Original Filing.
PART
1 - FINANCIAL INFORMATION
Item
4T. Controls and Procedures
Evaluation
of disclosure controls and procedures.
The
Company’s management, with the participation of the Chief Executive Officer and
Chief Financial Officer, has evaluated the effectiveness of the Company’s
disclosure controls and procedures as of the end of the period covered by this
quarterly report (the “Evaluation Date”). Based on that evaluation, the
Company’s Chief Executive Officer and Chief Financial Officer concluded that, as
of the Evaluation Date, such controls and procedures were
effective.
Changes
in internal controls.
The term
“internal control over financial reporting” (defined in SEC Rule 13a-15(f))
refers to the process of a company that is designed to provide reasonable
assurance regarding the reliability of financial reporting and the preparation
of financial statements for external purposes in accordance with generally
accepted accounting principles. The Company’s management, with the participation
of the Chief Executive Officer and Chief Financial Officer, has evaluated any
changes in the Company’s internal control over financial reporting that occurred
during the first quarter of the fiscal year covered by this annual report, and
they have concluded that there was no change to the Company’s internal control
over financial reporting that has materially affected, or is reasonably likely
to materially affect, the Company’s internal control over financial
reporting.
PART
II - OTHER INFORMATION
Item
6. Exhibits.
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Exhibit
No.
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Description
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31.1
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Certification
of the Chief Executive Officer and Chief Financial Officer pursuant to
Rule 13a-14(a)/15d-14(a) of the Securities Exchange Act of 1934, as
amended.
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32.1
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Certification
of the Chief Executive Officer and Chief Financial Officer pursuant to
Rule 13a-14(b) or Rule 15d-14(b) of the Securities Exchange Act of 1934,
as amended, and 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002.
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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
thereunto duly authorized.
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CHINA
JIANYE FUEL, INC.
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By:
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/s/
Jianye Wang
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Jianye
Wang
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Chief
Executive Officer and Chief Financial Officer
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Date:
March 5,
2010
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