UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 10-K/A
(Amendment No. 3)
(Mark One)
| x | ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 |
For the fiscal year ended December 31, 2010
or
| ¨ | TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 |
For the transition period from to
Commission File Number: 000-54374
RENEWABLE ENERGY GROUP, INC.
(Exact name of registrant as specified in its charter)
| Delaware | 26-4785427 | |
(State or other jurisdiction of incorporation or organization) | (I.R.S. Employer Identification No.) | |
| 416 South Bell Avenue, Ames, Iowa | 50010 | |
| (Address of principal executive offices) | (Zip Code) | |
Registrant’s telephone number, including area code: (515) 239-8000
Securities registered pursuant to Section 12(b) of the Act: None
| Securities registered pursuant to Section 12(g) of the Act: | Series A Preferred Stock Common Stock |
Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act. Yes ¨ No x
Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or Section 15(d) of the Act. Yes ¨ No x
Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes x No ¨
Indicate by check mark whether the registrant has submitted electronically and posted on its corporate Web site, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T (section 232.405 of this chapter) during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files). Yes x No ¨
Indicate by check mark if disclosure of delinquent filers pursuant to Item 405 of Regulation S-K is not contained herein, and will not be contained, to the best of registrant’s knowledge, in definitive proxy or information statements incorporated by reference in Part III of this Form 10-K or any amendment to this Form 10-K. x
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting company. See the definitions of “large accelerated filer,” “accelerated filer” and “smaller reporting company” in Rule 12b-2 of the Exchange Act.
| Large accelerated filer | ¨ | Accelerated filer | ¨ | |||
| Non-accelerated filer | x (Do not check if a smaller reporting company) | Smaller reporting company | ¨ | |||
Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act). Yes ¨ No x
As of December 31, 2010, there was no public trading market for the registrant’s common stock. There were 33,129,553 shares of the registrant’s $0.0001 par value common stock outstanding on February 28, 2011.
DOCUMENTS INCORPORATED BY REFERENCE
None.
Explanatory Note
This Amendment No. 3 to the Annual Report on Form 10-K for Renewable Energy Group, Inc. for the year ended December 31, 2010 filed solely for the purpose of correcting the certifications filed as Exhibits 31.1 and 31.2 to the Company’s Form 10-K filed on March 31, 2011, each of which inadvertently omitted paragraph 4(b).
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PART IV | ||||||
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| Item 15. | Exhibits, Financial Statement Schedules. |
The following documents are filed as part of this amendment:
(a) Financial Statements and Schedules: None.
(b) Exhibits: See the exhibit index to this amendment on Form 10-K/A, which is incorporated herein by reference.
(c) Financial Statements: None
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Pursuant to the requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.
RENEWABLE ENERGY GROUP, INC. (Registrant) | ||||
By | /s/ Jeffrey Stroburg | |||
Jeffrey Stroburg Chairman and Chief Executive Officer | ||||
Date: August 25, 2011
Pursuant to the requirements of the Securities Exchange Act of 1934, this report has been signed below by the following persons on behalf of the registrant and in the capacities and on the dates indicated.
Date | ||||||
| BY | /s/ Jeffrey Stroburg Jeffrey Stroburg | Chairman and Chief Executive Officer (Principal Executive Officer) | August 25, 2011 | |||
| BY | /s/ Chad Stone Chad Stone | Chief Financial Officer (Principal Financial Officer) | August 25, 2011 | |||
| BY | /s/ Chad Baker Chad Baker | Controller (Principal Accounting Officer) | August 25, 2011 | |||
* | Director | August 25, 2011 | ||||
| Paul Chatterton | ||||||
* | Director | August 25, 2011 | ||||
| Scott P. Chesnut | ||||||
* | Director | August 25, 2011 | ||||
| Delbert Christensen | ||||||
* | Director | August 25, 2011 | ||||
| Randolph L. Howard | ||||||
* | Director | August 25, 2011 | ||||
| Eric Hakmiller | ||||||
* | Director | August 25, 2011 | ||||
| Michael A. Jackson | ||||||
* | Director | August 25, 2011 | ||||
| Jonathan Koch | ||||||
* | Director | August 25, 2011 | ||||
| Christopher Sorrells | ||||||
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* | Director | August 25, 2011 | ||||
| Don Huyser | ||||||
* | Director | August 25, 2011 | ||||
| Ronald Mapes | ||||||
| * By: | /s/ Chad Stone | |
| Chad Stone, Attorney-In-Fact |
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Exhibit | DESCRIPTION | |
| 31.1 | Chief Executive Officer Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. | |
| 31.2 | Chief Financial Officer Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. | |
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