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)
October 1, 2003
BURKE MILLS, INC.
(Exact name of registrant as specified in its charter)
North Carolina
(State or other jurisdiction of incorporation or organization)
Commission File No:
0-5680
I.R.S. Employer Identification
No.
56-0506342
191 Sterling Street, N.W.
Valdese, North Carolina 28690
(Address of principal executive offices) (Zip Code)
Registrant's telephone number,
including area code:
828 874-6341
ITEM 4. Changes in Registrant's Certifying Accountant
Cole, Samsel & Bernstein LLC, of Lodi, NJ, the independent accountant
engaged for many years by the Company as the principal accountant to audit the
Company's financial statements has given notice to the Company that it will be
resigning as the independent accountant for the Company. The reason stated for
the impending resignation is that this accounting firm is declining to serve as
the independent accountant and certifying accountant for companies with
securities registered with the Securities and Exchange Commission. The Audit
Committee and management of the Company have commenced the process to engage a
new independent accountant. Cole, Samsel & Bernstein, LLC has informed the
Company that it will not resign until the earlier of December 1, 2003 or
engagement by the Company of a new accounting firm.
The report of Cole, Samsel & Bernstein LLC on the financial statements
of the Company for either of the past two fiscal years did not contain an
adverse opinion nor a disclaimer of opinion, nor was the report qualified or
modified as to uncertainty, audit scope or accounting principles. During the
Company's two most recent fiscal years and during the subsequent interim periods
preceding the resignation of the accounting firm, there were not any
disagreements with the former accounting firm on any matter of accounting
principles or practices, financial statement disclosure or auditing scope or
procedure.
Neither the audit committee of the board of directors nor the board of
directors of the Company recommended any change in the accounting firm for the
Company.
During the Company's two most recent fiscal years and the subsequent
interim periods preceding the resignation of the accounting firm, the accounting
firm did not advise the Company that the internal controls necessary for the
Company to develop reliable financial statements do not exist; the accounting
firm did not advise the Company that any information had come to the attention
of the accounting firm that lead it to no longer be able to rely on management's
representations or that made it unwilling to be associated with the financial
statements prepared by management; the accounting firm has not advised the
Company of the need to expand significantly the scope of its audit nor that
information has come to the attention of the accounting firm during the stated
time period that, if further investigated, might (a) materially impact the
fairness or reliability of either: a previously issued audit report or the
underlying financial statements, or the financial statements issued or to be
issued covering the fiscal periods subsequent to the date of the most recent
financial statements covered by an audit report (including information that may
prevent it from rendering an unqualified audit report on those financial
statements), or (b) cause it to be unwilling to rely on management's
representations or be associated with the Company's financial statements, and
there was no connection between the resignation of the accounting firm and the
scope of the audit or further investigation of the accounting firm; the
accounting firm has not advised the Company that any information has come to the
attention of the accounting firm that it has concluded materially impacts the
fairness or reliability of either (a) a previously issued audit report or the
underlying financial statements or (b) the financial statements issued or to be
issued covering the fiscal periods subsequent to the date of the most recent
financial statements covered by an audit report (including information that,
unless resolved to the satisfaction of the accounting firm, would prevent it
from rendering an unqualified audit report on those financial statements), and
there was no issue to be resolved to the satisfaction of the accounting firm
prior to its resignation.
Attached as Exhibit A to this report is a letter addressed to the
Securities and Exchange Commission from Cole, Samsel & Bernstein, LLC provided
to the Company stating that Cole, Samsel & Bernstein, LLC agrees with the
statements made by the Company in this report.
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: October 7, 2003 BURKE MILLS, INC.
By: s/Thomas I. Nail
----------------
Thomas I. Nail
President and COO
Exhibit A
October 1, 2003
Securities and Exchange Commission
Washington, DC 20549
Re: Burke Mills, Inc.
Dear Sir/Madam:
Please be advised that our firm has reviewed the Form 8-K, and we are
in agreement in all respects with the statements made by the company in the said
report.
Very truly yours,
Cole, Samsel & Bernstein LLC
By: Howard Bernstein/s
HB/ay
Enc.