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): September 14, 2007
Birch Branch, Inc.
(Exact name of registrant as specified in its charter)
Colorado 333-126654 84-1124170
(State or other jurisdiction (Commission (IRS Employer
of incorporation) File Number) Identification No.)
2560 W. Main Street, Suite 200 Littleton, Colorado 80120
(Address of principal executive offices) (Zip Code)
(303) 794-9450
Registrant's telephone number, including area code
Not applicable
(Former name or former address, if changed since last report)
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 4.01 Changes in Registrant's Certifying Accountant
On January 29, 2007, the Board of Directors of Birch Branch, Inc. (the
"Company", "we", or "our") approved the appointment of, Ronald R. Chadwick, PC,
as our independent auditors. Our auditors for the fiscal years ending 2006 and
2005 were Miller and McCollom, Certified Public Accountants. The Board of
Directors recommended the change in our auditors pursuant to advice from Miller
and McCollom that they declined to continue as auditors for the Company because
Miller and McCollom had determined they were going to discontinue their SEC
audit practice and were not going to continue to maintain their PCAOB
registrations.
Based on this advice, the Board of Directors has recommended a change in
auditors. There have been no disputes with Miller and McCollom in regard to the
Company's financial reporting or in regards to Miller and McCollom's audit
report.
(1) Previous Independent Auditors:
On January 29, 2007, the Board of Directors approved a change in auditors from
Miller and McCollom, Certified Public Accountants to Ronald R. Chadwick, PC. As
of January 29, 2007, the Company dismissed as its principal accountant
previously engaged to audit the Company's financial statements, Miller and
McCollom. Miller and McCollom were engaged to audit the Company's financial
statements for the fiscal years ended December 31, 2006 and 2005. Miller and
McCollom's report on the Company's financial statements for the fiscal years
ended December 31, 2006, and 2005 contained substantial doubt about the
Company's ability to continue as a going concern. Such report did not contain
any other adverse opinion or a disclaimer of opinion nor was it in any other way
qualified or modified as to uncertainty, audit scope, or accounting principles.
During the Company's two (2) most recent fiscal years and during all subsequent
interim periods preceding Miller and McCollom's dismissal, there were no
disagreements between the Company and the accounting firm on any matter of
accounting principles or practices, financial statement disclosure, or auditing
scope or procedure.
Other than the comments with respect to substantial doubt about the Company's
ability to continue as a going concern as described above, there were no
reportable events (as such term is defined by paragraph (a)(1)(v) of Item 304 of
Regulation S-K promulgated by the Securities and Exchange Commission
("Regulation S-K") that occurred within the Company's two most recent fiscal
years nor any subsequent interim period preceding the dismissal of Miller and
McCollom.
The Company provided Miller and McCollom with a copy of the disclosures made in
this Current Report on Form 8-K prior to the filing of the same. The Company
requested Miller and McCollom to furnish it with a letter addressed to the SEC
stating whether it agrees with the statements made in this Form 8-K. A copy of
the letter from Miller and McCollom to the SEC advising that they are in
agreement with the disclosure in this Form 8-K is appended as an exhibit to this
filing.
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(2) New Independent Auditors:
On or about January 30, 2007, the Company engaged the accounting firm of Ronald
R. Chadwick, PC as its principal accounting firm to audit the Company's
financial statements as successor to Miller and McCollom. During the Company's
two most recent fiscal years or subsequent interim period, the Company has not
consulted with Ronald R. Chadwick, PC regarding either the application of
accounting principles to a specified transaction, either completed or proposed,
or the type of audit opinion that might be rendered on the Company's financial
statements; nor did Ronald R. Chadwick, PC provide advice to the Company, either
written or oral, that was an important factor considered by the Company in
reaching a decision as to the accounting, auditing or financial reporting issue;
nor has any disagreement or other reportable event (as such are defined in
paragraphs (a)(1)(iv)-(v) under Item 304 of Regulation S-K) occurred as
disclosed above.
Item 9.01 Financial Statements and Exhibits
(d) Exhibits
Copies of the following documents are included as exhibits to this current
report pursuant to Item 601 of Regulation S-B:
Exhibit
Number Description
- ------- --------------------------------------
16.1 Letter from Miller and McCollom dated
September 12, 2007 regarding change in Filed herewith
certifying accountant.
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.
Birch Branch, Inc.
September 14, 2007 By: /s/ Earnest Mathis
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Earnest Mathis
Chief Executive Officer
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