Form 6-K
 
 
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Form 6-K
REPORT OF FOREIGN PRIVATE ISSUER PURSUANT TO RULE 13a-16 OR
15d-16 UNDER THE SECURITIES EXCHANGE ACT OF 1934
For the month of May, 2009
Commission File Number 000-51138
GRAVITY Co., Ltd.
 
(Translation of registrant’s name into English)
Nuritkum Square Business Tower 15F, 1605 Sangam-Dong, Mapo-Gu, Seoul, Korea 121-270
 
(Address of principal executive office)
Indicate by check mark whether the registrant files or will file annual reports under cover of Form 20-F or Form 40-F: þ Form 20-F o Form 40-F
Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(1): o
Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(7): o
Indicate by check mark whether the registrant by furnishing the information contained in this Form is also thereby furnishing the information to the Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934: o Yes þ No
If “Yes” is marked, indicate below the file number assigned to the registrant in connection with Rule 12g3-2(b): n/a
 
 

 

 


 

Gravity receives Nasdaq Staff Deficiency Letter
Seoul, South Korea — May 21, 2009 — Gravity Co., Ltd (NasdaqGM: GRVY) (“Gravity” or “Company”) announced today that the Company received a Nasdaq Staff Deficiency Letter dated May 15, 2009 indicating that the Company is not in compliance with the audit committee composition requirement for continued listing set forth in Nasdaq Listing Rule 5605(c)(2)(A) (the “Rule”) and not eligible for the cure period provided in Nasdaq Listing Rule 5605. As previously announced in the Company’s 6-K filed on April 1, 2009, this non-compliance resulted from the appointment of a non-independent director to the audit committee upon resignation of an independent director in August 2008.
Nasdaq has requested the Company provide a specific plan and timetable to achieve compliance with the Rule in order to determine the Company’s eligibility for continued listing on The Nasdaq Stock Market. The Company intends to comply as requested and expects to regain compliance by appointing a new independent director to its audit committee following the Company’s Extraordinary General Meeting of Shareholders scheduled to be held on June 12, 2009 (Seoul Time).
This announcement is being made in compliance with Nasdaq Listing Rule 5810(b), which requires prompt disclosure of receipt of a notification of deficiency.
About GRAVITY Co., Ltd.
Based in Korea, Gravity is a developer and publisher of online games. Gravity’s principal product, Ragnarok OnlineTM, is a popular online game in many markets, including Japan, Taiwan and Thailand, and is currently commercially offered in 39 countries and markets. For more information about Gravity, please visit http://www.gravity.co.kr.
Forward-Looking Statements:
Certain statements in this press release may include, in addition to historical information, “forward-looking statements” within the meaning of the “safe-harbor” provisions of the U.S. Private Securities Litigation Reform Act 1995. Forward-looking statements can generally be identified by the use of forward-looking terminology, such as “may,” “will,” “expect,” “intend,” “estimate,” “anticipate,” “believe” “project,” or “continue” or the negative thereof or other similar words, although not all forward-looking statements contain these words. Investors should consider the information contained in our submissions and filings with the United States Securities and Exchange Commission (the “SEC”), including our registration statement on Form F-1, as amended, and our annual reports on Form 20-F, together with such other documents and we may submit to or file with the SEC from time to time, on Form 6-K. The forward-looking statements speak only as of this press release and we assume no duty to update them to reflect new, changing or unanticipated events or circumstances.
Contact:
Mr. Heung Gon Kim
Chief Financial Officer
Gravity Co., Ltd.
Email: kheung@gravity.co.kr
Ms. Yoon Joo Lee
IR Manager
Gravity Co., Ltd.
Email: yoonjoo.lee@gravity.co.kr
Telephone: +82-2-2132-7801
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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, thereunto duly authorized.

 

 


 

     
 
  GRAVITY Co., Ltd.
 
   
Date: 05/21/2009
   
 
   
 
  By: /s/ Heung Gon Kim
 
  Name: Heung Gon Kim
Title: Chief Financial Officer