Amendment: SEC Form 6-K/A filed by Electrovaya Inc.
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM
REPORT OF FOREIGN PRIVATE ISSUER
PURSUANT TO RULE 13a-16 OR 15d-16 UNDER THE
SECURITIES EXCHANGE ACT OF 1934
For
the month of December
Commission
File Number
(Translation of registrant’s name into English)
(Address of principal executive office)
Indicate by check mark whether the registrant files or will file annual reports under cover of Form 20-F or Form 40-F
| Form 20-F ☐ | Form 40-F ☒ |
Explanatory Note
We are amending our Report of Foreign Private Issuer on Form 6-K originally furnished to the U.S. Securities and Exchange Commission on December 13, 2024 (the “Original Filing”), solely for the purpose of (i) providing the audited consolidated financial statements contained therein with the relevant Interactive Data Files in Inline XBRL format and (ii) including Form 52-109F1 certifications of our Chief Executive Officer and Chief Financial Officer as Exhibits 99.4 and 99.5, respectively. As such, other than the foregoing, no part of the Original Filing is being amended.
Incorporation by Reference
Exhibits 99.1, 99.2, and 99.3 of this Form 6-K are hereby incorporated by reference as exhibits to the registrant’s registration statement on Form F-10 (File No. 333-278139).
INDEX TO EXHIBITS
| 99.1 | Management’s Discussion and Analysis for the fiscal year ended September 30, 2024 |
| 99.2 | Audited Consolidated Financial Statements for the fiscal years ended September 30, 2024 and 2023 |
| 99.3 | Consent of MNP LLP |
| 99.4 | Form 52-109F2 - Certification of Annual Filings - CEO |
| 99.5 | Form 52-109F2 - Certification of Annual Filings - CFO |
| 101.INS | XBRL Instance Document - the instance document does not appear in the Interactive Data File because its XBRL tags are embedded within the Inline XBRL document |
| 101.SCH | XBRL Taxonomy Extension Schema Document |
| 101.CAL | XBRL Taxonomy Extension Calculation Linkbase Document |
| 101.DEF | XBRL Taxonomy Extension Definition Linkbase Document |
| 101.LAB | XBRL Taxonomy Extension Labels Linkbase Document |
| 101.PRE | XBRL Taxonomy Extension Presentation Linkbase Document |
| 104 | Coverage Page Interactive Data File (formatted as Inline XBRL and contained in Exhibit 101) |
SIGNATURE
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.
| ELECTROVAYA INC. | |||
| (Registrant) | |||
| Date: December 17, 2024 | By | /s/ Raj Das Gupta | |
| Raj Das Gupta | |||
| Chief Executive Officer | |||