SEC Comment Letter 0000000000-24-003332 to Enlightify Inc. (ENFY)
Enlightify Inc.
Date: March 27, 2024 · CIK: 0000857949 · Accession: 0000000000-24-003332
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File numbers found in text: 001-34260
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United States securities and exchange commission logo
March 27, 2024
Yongcheng Yang
Chief Financial Officer
China Green Agriculture, Inc.
Third floor, Borough A, Block A. No. 181, South Taibai Road
Xi’an, Shaanxi Province, PRC 710065
Re:China Green Agriculture, Inc.
Amendment No. 1 to Form 10-K for Fiscal Year Ended June 30, 2023
Filed December 15, 2023
File No. 001-34260
Dear Yongcheng Yang:
We have reviewed your filing and have the following comments.
Please respond to this letter within ten business days by providing the requested
information or advise us as soon as possible when you will respond. If you do not believe a
comment applies to your facts and circumstances, please tell us why in your response.
After reviewing your response to this letter, we may have additional comments.
Form 10-K for the Year Ended June 30, 2023
General
1.Please revise your annual report, as applicable, to provide more specific and prominent
disclosures about the legal and operational risks associated with China-based
companies. For additional guidance, please see the Division of Corporation Finance's
Sample Letters to China-Based Companies issued by the Staff in December 2021 and July
2023. In particular, please ensure that any existing risk factor disclosure regarding the
legal and operational risks associated with your operations in China is updated to address
the Sample Letters. Please also provide responsive disclosure in Part I. Item 1. Business of
the Form 10-K.
2.To the extent that one or more of your officers and/or directors are located in China or
Hong Kong, please create a separate Enforceability of Civil Liabilities section for the
discussion of the enforcement risks related to civil liabilities due to your officers and
directors being located in China or Hong Kong. Please identify each officer and/or
director located in China or Hong Kong and disclose that it will be more difficult to
enforce liabilities and enforce judgments on those individuals. For example, revise to
FirstName LastNameYongcheng Yang
Comapany NameChina Green Agriculture, Inc.
March 27, 2024 Page 2
FirstName LastName
Yongcheng Yang
China Green Agriculture, Inc.
March 27, 2024
Page 2
discuss more specifically the limitations on investors being able to effect service of
process and enforce civil liabilities in China, lack of reciprocity and treaties, and cost and
time constraints. Also, please disclose these risks in a separate risk factor, which should
contain disclosures consistent with the separate section.
We remind you that the company and its management are responsible for the accuracy
and adequacy of their disclosures, notwithstanding any review, comments, action or absence of
action by the staff.
Please contact Juan Grana at 202-551-6034 or Jessica Ansart at 202-551-4511 with any
questions.
Sincerely,
Division of Corporation Finance
Office of Industrial Applications and
Services
cc: Robert Zepfel, Esq.