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)
April 12, 2007
THE EXPLORATION COMPANY OF DELAWARE, INC.
(Exact name of registrant as specified in its charter)
Delaware | 0-9120 | 84-0793089 |
| (State of | (Commission File | (IRS Employer |
| incorporation) | Number) | Identification No.) |
| |
777 E. Sonterra Blvd., Suite 350 | |
San Antonio, Texas | 78258 |
| (Address of principal executive offices) | (Zip Code) |
| |
(210) 496-5300
(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):
ྑ 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 5.03: Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year
In accordance with new rules promulgated by the NASDAQ Stock Market (“NASDAQ”), all companies with securities listed on NASDAQ must be eligible to participate in the Direct Registration System, which requires that shareholders be able to hold their shares of the Company’s stock in book-entry form without the need for a paper certificate.
On April 12, 2007, to comply with this new rule the Registrant's Board of Directors approved an amendment and restatement of Article VII, Sections 1, 4 and 5 of the Company's Amended and Restated Bylaws (the "Bylaws") to allow the Company to electronically issue uncertificated shares. The amendment is effective immediately. Previously, the Bylaws required that all shares of capital stock of the Registrant be represented by certificates. A copy of the amended and restated section of the Bylaws is attached to this Current Report on Form 8-K as Exhibit 3.1.
Item 9.01: Financial Statements and Exhibits
| Exhibit Number | Description |
| | |
| 3.1 | |
| | |
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this registration statement to be signed on its behalf by the undersigned, thereunto duly authorized.
| | Dated: April 16, 2007 |
| | |
| | THE EXPLORATION COMPANY OF DELAWARE, INC. |
| | |
| | /s/ P. Mark Stark |
| | P. Mark Stark |
| | Chief Financial Officer |
| | (Principal Accounting and Financial Officer) |
