UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF
THE SECURITIES EXCHANGE ACT OF 1934
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Item 5.03 Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year.
On April 4, 2022, the board of the directors (the “Board”) of Workhorse Group Inc. (the “Company”) unanimously approved the amendment and restatement of the Company’s bylaws, in the form of the First Amended and Restated Bylaws of the Company, a copy of which is filed as Exhibit 3.1 hereto and is incorporated herein by reference (the “Amended Bylaws”). The Amended Bylaws became effective immediately.
The Amended Bylaws increase the maximum number of members of the Board from nine (9) to twelve (12), define the officer level positions of Chief Operating Officer and Chief Technology Officer and formalize existing policies of the Company related to committees, voting proxies, procedures and committees of the Board, records, the record date for meetings of the stockholders and the Company’s fiscal year. The Amended Bylaws also include provisions that implement existing regulations related to meeting procedures and stockholder proposals under the Securities Exchange Act of 1934, as amended, the rules promulgated thereunder and Nevada law. The foregoing description of the Amended Bylaws does not purport to be complete and is qualified in its entirety by the complete text of the Amended Bylaws attached as an exhibit hereto.
Item 9.01. Exhibits.
| Exhibit No. | Description | |
| 3.1 | First Amended and Restated Bylaws | |
| 104 | Cover Page Interactive Data File (embedded within the Inline XBRL document) |
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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 hereunto duly authorized.
| WORKHORSE GROUP INC. | ||
| Date: April 8, 2022 | By: | /s/ James D. Harrington |
| Name: | James D. Harrington | |
| Title: | Chief Administrative Officer, | |
| General Counsel and Secretary | ||
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