UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
Date of Report (Date of earliest event reported)
November 23, 2009
INCOMING, INC.
(Exact name of registrant as specified in its charter)
| NEVADA | 333-152012 |
| (State or other jurisdiction of incorporation) | (Commission File No.) |
244 5th Avenue, Suite V235
New York, NY 10001
(Address of principal executive offices and Zip Code)
(917) 210-1074
(Registrant’s telephone number, including area code)
(Former name or former address, if changed since last report)
Copy of Communication to:
Befumo & Schaeffer, PLLC
2020 Pennsylvania Ave., NW # 840
Washington, DC 20006
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):
| ¨ | Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |
| ¨ | Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |
| ¨ | Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 |
| | CFR 240.14d-2(b)) |
| ¨ | Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 |
| | CFR 240.13e-4(c)) |
Item 5.02 Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers
Appointment of Andrew Befumo to the Board of Directors
On November 23, 2009, Andrew Befumo was appointed to the Board of Directors of the Company to serve until his successors shall be elected and qualified on the earlier of death, resignation or removal in the manner provided for in the Company’s by-laws.
Mr. Befumo holds a law degree from the College of William and Mary and a Bachelor of Science degree from the Pennsylvania State University. He served as Director of Legal Affairs for Xcelplus International, Inc. from March 2006 until November 2006. After leaving Xcelplus, Mr. Befumo worked for Belmont Partners, LLC as General Counsel. Mr. Befumo is a partner in the law firm of Befumo & Schaeffer, PLLC, which specializes primarily in Federal Securities Law. Mr. Befumo has a comprehensive and diverse background encompassing business, legal and technical vocations. He is a member in good standing of the District of Columbia Bar, and is also licensed to practice before the United States Patent and Trademark Office.
Andrew Befumo has not during the past five years been involved in any of the following proceedings:
| | 1. | any bankruptcy petition filed by or against any business of which such person was a general partner or executive officer either at the time of the bankruptcy or within two years prior to that time; |
| | |
| | 2. | any conviction in a criminal proceeding or being subject to a pending criminal proceeding (excluding traffic violations and other minor offenses); |
| | |
| | 3. | being subject to any order, judgment, or decree, not subsequently reversed, suspended or vacated, of any court of competent jurisdiction, permanently or temporarily enjoining, barring, suspending or otherwise limiting his involvement in any type of business, securities or banking activities; or |
| | |
| | 4. | being found by a court of competent jurisdiction (in a civil action), the SEC or the Commodity Futures Trading Commission to have violated a federal or state securities or commodities law, and the judgment has not been reversed, suspended or vacated. |
There are no employment agreements between the Registrant and Andrew Befumo.
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.
| Date: November 30, 2009 | | INCOMING, INC. |
| | | |
| | | By: | /s/Ephren W. Taylor II /s/ |
| | | Name: | Ephren W. Taylor II |
| | | Title: | President |
