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):  April 10, 2024

 

PHENIXFIN CORPORATION

(Exact name of registrant as specified in its charter)

Registrant’s telephone number, including area code:  (212) 859-0390

 

Not Applicable

(Former Name or Former Address, if Changed Since Last Report)

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Securities registered pursuant to Section 12(b) of the Act:

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§240.12b-2 of this chapter).

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act. ☐

 

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Item 5.07

SUBMISSION OF MATTERS TO A VOTE OF SECURITY HOLDERS.

 

On April 10, 2024, PhenixFIN Corporation (the “Company”) held its Annual Meeting of Stockholders (the “Annual Meeting”).  During this meeting, the Company’s stockholders were asked to consider and vote upon three proposals: (1) to elect two directors of the Company, to serve for a term of three years, or until their successors are duly elected and qualified; (2) to ratify the selection of KPMG LLP as the Company’s independent registered public accounting firm for the fiscal year ending September 30, 2024; and (3) to provide an advisory vote on executive compensation.

Stockholders of record at the close of business on February 15, 2024 were entitled to vote at the Annual Meeting. As of February 15, 2024, there were 2,060,490 shares of common stock outstanding and entitled to vote. A quorum consisting of 1,534,789 shares of common stock of the Company were present or represented by proxy at the Annual Meeting.

The final voting results for each of the proposals submitted to a vote of stockholders at the Annual Meeting are set forth below. Proposals 1, 2, and 3 were approved by the requisite vote.

Proposal 1: Election of directors.

	Nominee	For	Withheld
	David A. Lorber	930,120	68,396
	Howard M. Amster	925,681	72,835
		Broker Non-Votes:          536,273

Proposal 2: Ratification of the selection of KPMG LLP as the Company’s independent registered public accounting firm for the fiscal year ending September 30, 2024.

For	Against	Abstain
1,397,645	132,594	4,550
	Broker Non-Votes:                 0

Proposal 3: Advisory vote on executive compensation.

For	Against	Abstain
937,557	54,556	6,403
	Broker Non-Votes:          536,273

SIGNATURE

 

Pursuant to the requirements of the Securities Exchange Act of 1934, PhenixFIN Corporation has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

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