UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K/A
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): April 11, 2017
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LAKE AREA CORN PROCESSORS, LLC |
(Exact name of registrant as specified in its charter) |
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South Dakota | 000-50254 | 46-0460790 |
(State or other jurisdiction of incorporation or organization) | (Commission File Number) | (I.R.S. Employer Identification No.) |
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46269 SD Highway 34 P.O. Box 100 Wentworth, South Dakota 57075 |
(Address of principal executive offices) |
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(605) 483-2676 |
(Registrant's telephone number, including area code) |
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):
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o | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
o | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
o | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |
o | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) |
Indicate by check mark whether the registrant is an emerging growth company as defined in as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).
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| Emerging Growth Company |
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| If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. |
Explanatory Note
This Form 8-K Amendment is being filed to amend Item 5.07 of the Current Report on Form 8-K filed by Lake Area Corn Processors, LLC on April 13, 2017, to provide the Board of Managers' decision regarding how frequently the company will conduct the Say-on-Pay vote.
Item 5.07 Submission of Matters to a Vote of Security Holders
Results of 2017 Annual Members' Meeting
On April 11, 2017, Lake Area Corn Process, LLC ("LACP") held its 2017 annual members' meeting to vote on the election of three managers whose terms were scheduled to expire in 2017, conduct an advisory vote on LACP's executive compensation called a "Say-On-Pay" and conduct an advisory vote on how frequently LACP would conduct the Say-On-Pay vote. The voting results from the meeting were as set forth below.
Proposal One: Election of Managers
Wayne Backus, Todd Brown and Marty Thompson were elected by a plurality vote of the members to serve terms which will expire in 2020. The votes for the nominee managers were as follows:
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Nominee Managers | | For | | Withhold |
Wayne Backus | | 111 | | 8 |
Todd Brown | | 108 | | 11 |
Marty Thompson | | 106 | | 13 |
Proposal Two: Advisory Vote on Say-On-Pay
The compensation of our executives was endorsed by the members. The votes for Say-On-Pay were as follows:
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For | | Against | | Abstain |
112 | | 7 | | — |
Proposal Three: Advisory Vote on the Frequency of Say-On-Pay Vote
The members voted by a plurality vote to hold the Say-on-Pay vote every three years. The votes were as follows:
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Every Year | | Every Two Years | | Every Three Years | | Abstain |
13 | | 6 | | 97 | | 3 |
Board Decision on Frequency of Say-on-Pay
On May 9, 2017, our Board of Managers decided to follow the member advisory vote and conduct the Say-on-Pay vote every three years. Therefore, we anticipate that we will next present the Say-on-Pay vote to our members at our 2020 Annual Member Meeting.
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.
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| | | LAKE AREA CORN PROCESSORS, LLC |
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Date: | May 11, 2017 | | /s/ Robbi Buchholtz |
| | | Robbi Buchholtz, Chief Financial Officer |