SEC Company Response from Enlightify Inc. (ENFY) (CIK 0000857949) (ENFY) — Apr 13, 2018
Enlightify Inc. (ENFY) (CIK 0000857949)
Date: April 13, 2018 · CIK: 0000857949 · Accession: 0001213900-18-004465
AI Filing Summary & Sentiment
File numbers found in text: 001-34260
Referenced dates: March 22, 2018
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CORRESP
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CHINA
GREEN AGRICULTURE, INC.
Third
floor, Borough A, Block A. No. 181, South Taibai Road, Xi’an, Shaanxi Province, PRC 710065
April
13, 2018
Via
Edgar
Division
of Corporation Finance
Securities
and Exchange Commission
100
F Street, NE
Mail
Stop: 3561
Washington,
D.C. 20549
Attention:
Melissa Raminpour, Branch Chief
Re:
China
Green Agriculture, Inc.
Amendment
No. 1 to Form 10-K for the Fiscal Year Ended June 30, 2017
Amendment
No. 1 to Form 10-Q for the Fiscal Quarter Ended December 31, 2017
File
No. 001-34260
Dear
Ms. Raminpour:
China
Green Agriculture, Inc., a Nevada corporation (the “Company” or “we”), is in receipt of the letter from
the staff (the “Staff”) of the Securities and Exchange Commission (the “Commission”) dated March 22, 2018
(the “Comment Letter”) to the Company, with respect to the Company’s Amendment No. 1 to Form 10-K for the Fiscal
Year Ended June 30, 2017 (the “Form 10-K/A”) and Amendment No. 1 to Form 10-Q for the Fiscal Quarter Ended December
31, 2017 (the “Form 10-Q/A”). We hereby file via EDGAR our response to the Comment Letter. The text of the Staff’s
comment is set forth in italics below, followed by the response of the Company.
Form
10-K/A for the Fiscal Year Ended June 30, 2017
1.
We
note that you have filed an amended Form 10-K to reclassify the cash outflow of acquisitions payable from operating activities
to investment activities in the statement of cash flow. In light of this material change in cash flows provided by operating
and investing activities, it appears that you should mark the 2017 column in the statement of cash flows as “restated.”
Also, your auditor should perform and necessary procedures as a result of the restatement and revise the date of their audit
report accordingly. Also, please explain to us how these changes affect your conclusion that Disclosure Controls and Procedures
were effective as of June 30, 2017 and Internal Controls over Financial Reporting were effective at June 30, 2017. Please
advise or revise accordingly.
Response:
In
the Amendment No. 2 to Form 10-K for the Fiscal Year Ended June 30, 2017, we will mark the 2017 column in the statement of
cash flows as “Restated.” the Company’s independent registered public accounting firm had performed necessary procedures
as a result of the restatement and will update the audit report in the Amendment No. 2 accordingly. Due to the reclassification
of cash flows made in operating and investing activities, we conclude that the Disclosure Controls and Procedures were not effective
as of June 30, 2017 and Internal Controls over Financial Reporting were not effective as of June 30, 2017. We will revise the
conclusion in the Amendment No. 2.
Form
10-Q/A for the Fiscal Quarter Ended December 31, 2017
Financial
Statements
2.
We
note that you have amended note 2 to your December 31, 2017 interim financial statements and only included note 2 in your
amended 10-Q for the quarter ended December 31, 2017. Please note that when one part of an item is amended, the item must
be filed as amended in its entirety. Therefore, please revise your 10-Q/A for the quarter ended December 31, 2017 to provide
the whole of your financial statements under Item 1. Please refer to Rule 12b-15 of the Exchange Act of 1934 which requires
that any amendments set forth the complete text of each item amended. Updated certifications should also be included in your
revised report.
Response:
In
the Amendment No. 2 to Form 10-Q for the Fiscal Quarter Ended December 31, 2017, we will provide the whole financial statements
under Item 1. The Amendment No. 2 will include the previously revised note 2 from the Amendment No. 1 to Form 10-Q for the Fiscal
Quarter Ended December 31, 2017. We will also update certifications in the Amendment No. 2.
We
acknowledge that we are responsible for the accuracy and adequacy of the disclosure in the filing. We further acknowledge that
Staff comments or changes to disclosure in response to Staff comments do not foreclose the Commission from taking any action with
respect to the filing, and that we may not assert Staff comments as a defense in any proceeding initiated by the Commission or
any person under the federal securities laws of the United States.
Sincerely,
/s/
Zhuoyu Li
Zhuoyu Li
Chief Executive Officer