SEC Comment Letter for Apyx Medical Corp (APYX) (CIK 0000719135) (APYX) — May 3, 2007
Apyx Medical Corp (APYX) (CIK 0000719135)
Date: May 3, 2007 · CIK: 0000719135 · Accession: 0000000000-07-022164
AI Filing Summary & Sentiment
Reasoning
Letter
May 2, 2007 Andrew Makrides, President Bovie Medical Corporation 734 Walt Whitman Road Melville, New York 11747 Via U S Mail and FAX [ (631) 421-5821 ]
Re: Bovie Medical Corporation Form 8-K for Item 4.01 Filed April 27, 2007 File No. 0-12183
Dear Mr. Makrides : We have reviewed your filing and have the following comments. Where indicated, we think you should re vise your document in response to these comments. If you disagree, we will consider your explanation as to why our comments are inapplicable or a revision is unnecessary. After reviewi ng this information, we may raise additional comments.
Please understand that the purpose of our re view process is to assist you in your compliance with the applicable disclosure requirements and to enhance the overall disclosure in your filing. We look forward to working with you in these respects. We welcome any questions you may have about our comments or any other aspect of our review. Feel free to call the applicable sta ff person at the telephone number listed at the end of this letter.
Mr. Andrew Makrides Bovie Medical Corporation May 2, 2007 Page 2
Form 8-K Filed April 27, 2007
1. Please amend your report to include all of the information required by Item 304 of Regulation S-B. Item 304(a)(1)(ii) of Regulatio n S-B requires that you state whether the auditors' report on your financial statements for either of the past two years contained an adverse opinion or a disclaimer of opinion or was qualified or modified as to uncertainty, audit scope or accounting principles and, if so, a description of the nature of each adverse opinion, disclaimer of opinion, m odification or qualification.
2. Please disclose the specific date on wh ich your former auditor passed away, and disclose whether, during your two most rece nt fiscal years and any subsequent interim period before that date:
- you had any disagreement(s) with your former auditors on any matter of accounting principles or practices, financ ial statement disclosure, or auditing scope or procedure, and
- the disagreement(s), if not resolved to the satisfaction of your former auditors, would have caused them to make reference to the disagreement(s) in their reports.
In the event of a disagreement and/or reportable event, It em 304(a)(1 )(iv) of Regulation S-B specifies additional disclosures.
3. Please amend your report to include a ll of the information required by Item 304(a)(2) of Regulation S-B, concerning the engagement of the new accountant. State whether, during your two most recent fiscal years and any subsequent interim period, the new accountant was consulted about the items in each of subparagr aphs (i) and (ii).
4. Your Commission File Number for 1934 Act filings was changed to 1-31885 when you filed Form 8-A on November 3, 2003. Please use this number for future filings.
Mr. Andrew Makrides Bovie Medical Corporation May 2, 2007 Page 3
Please file your response and amendm ent via EDGAR in response to these comments within 5 business days after the date of this letter. Please contact the staff immediately if you require longer th an 5 business days to respond.
We urge all persons who are responsible for the accuracy and adequacy of the disclosure in the filing review ed by the staff to be certain that they have provided all information investors require for an inform ed decision. Since the registrant and its management are in possession of all facts rela ting to a registrant’s disclosure, they are responsible for the accuracy and adequacy of the disclosures they have made.
In connection with responding to our comments, please provide, in writing, a statement from the registrant acknowledging that: • the registrant is responsible for the adequacy and accuracy of the disclosure in the filing; • staff comments or changes to disclosu re in response to staff comments do not foreclose the Commission from taking any action with respect to the filing; and • the registrant may not assert st aff comments as a defense in any proceeding initiated by the Commissi on or any person under the federal securities laws of the United States.
In addition, please be advise d that the Division of Enfo rcement has access to all information you provide to the staff of the Divi sion of Corporation Fi nance in our review of your filing or in response to our comments on your filing.
If you have any questions, please call me at (202) 551-3606. In my absence, you may call Brian Cascio, Branch Chief at (202) 551-3676.
S i n c e r e l y ,
J e a n n e B e n n e t t S t a f f A c c o u n t a n t
Show Raw Text
Mail Stop 6010
May 2, 2007
Andrew Makrides, President
Bovie Medical Corporation
734 Walt Whitman Road
Melville, New York 11747
Via U S Mail and FAX [ (631) 421-5821 ]
Re: Bovie Medical Corporation
Form 8-K for Item 4.01
Filed April 27, 2007
File No. 0-12183
Dear Mr. Makrides :
We have reviewed your filing and have the following comments. Where
indicated, we think you should re vise your document in response to these comments. If
you disagree, we will consider your explanation as to why our comments are inapplicable
or a revision is unnecessary. After reviewi ng this information, we may raise additional
comments.
Please understand that the purpose of our re view process is to assist you in your
compliance with the applicable disclosure requirements and to enhance the overall disclosure in your filing. We look forward to working with you in these respects. We
welcome any questions you may have about our comments or any other aspect of our review. Feel free to call the applicable sta ff person at the telephone number listed at the
end of this letter.
Mr. Andrew Makrides
Bovie Medical Corporation
May 2, 2007
Page 2
Form 8-K Filed April 27, 2007
1. Please amend your report to include all of the information required by Item 304 of
Regulation S-B. Item 304(a)(1)(ii) of Regulatio n S-B requires that you state whether the
auditors' report on your financial statements for either of the past two years contained an
adverse opinion or a disclaimer of opinion or was qualified or modified as to uncertainty,
audit scope or accounting principles and, if so, a description of the nature of each adverse
opinion, disclaimer of opinion, m odification or qualification.
2. Please disclose the specific date on wh ich your former auditor passed away, and
disclose whether, during your two most rece nt fiscal years and any subsequent interim
period before that date:
- you had any disagreement(s) with your former auditors on any matter of
accounting principles or practices, financ ial statement disclosure, or auditing
scope or procedure, and
- the disagreement(s), if not resolved to the satisfaction of your former auditors,
would have caused them to make reference to the disagreement(s) in their reports.
In the event of a disagreement and/or reportable event, It em 304(a)(1 )(iv) of
Regulation S-B specifies additional disclosures.
3. Please amend your report to include a ll of the information required by Item
304(a)(2) of Regulation S-B, concerning the engagement of the new accountant. State
whether, during your two most recent fiscal years and any subsequent interim period, the new accountant was consulted about the items in each of subparagr aphs (i) and (ii).
4. Your Commission File Number for 1934 Act filings was changed to 1-31885 when you filed Form 8-A on November 3, 2003. Please use this number for future filings.
Mr. Andrew Makrides
Bovie Medical Corporation
May 2, 2007
Page 3
Please file your response and amendm ent via EDGAR in response to these
comments within 5 business days after the date of this letter. Please contact the staff
immediately if you require longer th an 5 business days to respond.
We urge all persons who are responsible for the accuracy and adequacy of the
disclosure in the filing review ed by the staff to be certain that they have provided all
information investors require for an inform ed decision. Since the registrant and its
management are in possession of all facts rela ting to a registrant’s disclosure, they are
responsible for the accuracy and adequacy of the disclosures they have made.
In connection with responding to our comments, please provide, in writing, a
statement from the registrant acknowledging that:
• the registrant is responsible for the adequacy and accuracy of the
disclosure in the filing;
• staff comments or changes to disclosu re in response to staff comments
do not foreclose the Commission from taking any action with respect to
the filing; and
• the registrant may not assert st aff comments as a defense in any
proceeding initiated by the Commissi on or any person under the federal
securities laws of the United States.
In addition, please be advise d that the Division of Enfo rcement has access to all
information you provide to the staff of the Divi sion of Corporation Fi nance in our review
of your filing or in response to our comments on your filing.
If you have any questions, please call me at (202) 551-3606. In my absence, you
may call Brian Cascio, Branch Chief at (202) 551-3676.
S i n c e r e l y ,
J e a n n e B e n n e t t
S t a f f A c c o u n t a n t