| FORM 3 | UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 INITIAL STATEMENT OF BENEFICIAL OWNERSHIP OF SECURITIES Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934 or Section 30(h) of the Investment Company Act of 1940 |
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1. Name and Address of Reporting Person*
(Street)
| 2. Date of Event Requiring Statement (Month/Day/Year) 06/02/2015 | 3. Issuer Name and Ticker or Trading Symbol China Xiniya Fashion Ltd [ XNY ] | |||||||||||||
| 4. Relationship of Reporting Person(s) to Issuer (Check all applicable)
| 5. If Amendment, Date of Original Filed (Month/Day/Year) 06/02/2015 | ||||||||||||||
6. Individual or Joint/Group Filing (Check Applicable Line)
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| Table I - Non-Derivative Securities Beneficially Owned | |||
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| 1. Title of Security (Instr. 4) | 2. Amount of Securities Beneficially Owned (Instr. 4) | 3. Ownership Form: Direct (D) or Indirect (I) (Instr. 5) | 4. Nature of Indirect Beneficial Ownership (Instr. 5) |
| COMMON STOCK | 267,099 | I | See Footnote 1(1) |
| COMMON STOCK | 1,672,256 | I(2) | See Footnoe 2 |
| COMMON STOCK | 15,708 | D(3) | |
| Table II - Derivative Securities Beneficially Owned (e.g., puts, calls, warrants, options, convertible securities) | |||||||
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| 1. Title of Derivative Security (Instr. 4) | 2. Date Exercisable and Expiration Date (Month/Day/Year) | 3. Title and Amount of Securities Underlying Derivative Security (Instr. 4) | 4. Conversion or Exercise Price of Derivative Security | 5. Ownership Form: Direct (D) or Indirect (I) (Instr. 5) | 6. Nature of Indirect Beneficial Ownership (Instr. 5) | ||
| Date Exercisable | Expiration Date | Title | Amount or Number of Shares | ||||
| Explanation of Responses: |
| 1. Form 3 filed on 6/2/2015 is being amended as the name of the company in the Joint Filing Agreement is incorrect. A corrected Joint Filing Agreement is being filed with this form. Represents shares of common stock deemed to be owned beneficially by Shah Capital Management (SCM) solely as a result of its discretionary power over such shares as investment adviser to its separately managed account clients. |
| 2. Represents shares of common stock owned by Shah Capital Opportunity Fund LP (the Fund) which could be deemed to be owned beneficially by SCM solely as a result of its discretionary power over such shares as investment adviser to the Fund, and Shah Capital LLC, as general partner to the Fund. |
| 3. Represents shares held by Himanshu H. Shah directly. Mr. Shah is President of SCM and the Managing Member of Shah Capital LLC and holds a controlling percentage of the outstanding voting securities of both entities. As a result of his position with and ownership of these entities he could be deemed the beneficiary of the shares beneficially owned by Shah Capital LLC on behalf of the Fund, and SCM for other separate account clients and those held by the Fund. Mr. Shah disclaims beneficial ownership of shares beneficially owned by SCM, Shah Capital LLC, and the Fund except to the extent of his pecuniary interest in such shares. |
| Remarks: |
| This filing is made by SCM, Shah Capital LLC, the Fund and Mr. Shah. Holding reported are correct as of 12/18/2015. The Joint Filing Agreement of Shah Capital Management, Inc., Shah Capital LLC, Shah Capital Opportunity Fund LP and Himanshu Shah is attached hereto as Exhibit 99. |
| Himanshu H. Shah | 06/03/2015 | |
| ** Signature of Reporting Person | Date | |
| Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. | ||
| * If the form is filed by more than one reporting person, see Instruction 5 (b)(v). | ||
| ** Intentional misstatements or omissions of facts constitute Federal Criminal Violations See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a). | ||
| Note: File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure. | ||
| Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number. | ||
