Item 4.01. Changes in Registrant’s Certifying Accountant.
On September 27, 2023, the Audit Committee of the Board of Directors of Vaxxinity,
Inc. (the “Company”) appointed FORVIS, LLP
(“FORVIS”) as the Company’s
independent registered public accounting firm. As previously disclosed in the Company’s Current
Report on Form 8-K filed on July 27, 2023, Armanino LLP (“Armanino”) informed the Company that it would resign as the
Company’s independent registered public accounting firm, effective upon the earlier of (i) filing of the Company’s Quarterly Report
on Form 10-Q for the quarter ending September 30, 2023 and (ii) the Company’s appointment of a new independent registered public
accounting firm. Armanino advised the Company that its decision was due to Armanino’s transition away from providing financial
statement audit services to public companies.
FORVIS is expected to review the Company’s financial statements for its Quarterly
Report on Form 10-Q for the quarter ending September 30, 2023. Statements in response to Item 4.01 of the Company’s Form 8-K
dated July 27, 2023 and the letter of Armanino attached thereto as Exhibit 16.1, are incorporated herein by reference.
During the Company’s two most recent fiscal years and the subsequent interim period, neither the Company, nor anyone on the
Company’s behalf, consulted with FORVIS
regarding either (i) 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 consolidated financial statements,
and either a written report or oral advice was provided that FORVIS concluded was an important factor considered by the Company in
reaching a decision as to any accounting, auditing or financial reporting issue, or (ii) any matter that was either the subject of a
disagreement (as defined in Item 304(a)(1)(iv) of Regulation S-K and the related instructions) or a reportable event (as described in
Item 304(a)(1)(v) of Regulation S-K).
Item 5.02. Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory
Arrangements of Certain Officers.
On September 22, 2023, René Paula notified the Company that he intends to resign from his position as the Company’s General
Counsel, effective November 3, 2023, to pursue other opportunities. The Company thanks Mr. Paula for his service to the Company.
Item 8.01. Other Events.
On September 28, 2023, the Company announced that Sumita Ray will serve as the Company’s Chief Legal & Administrative Officer,
effective, October 1, 2023.
Ms. Ray will oversee the Company’s legal, compliance, human resources, IT and facilities functions.
Ms.
Ray joins the Company with over 20 years of legal and business experience in the pharmaceutical and biotech industries
and has spent
the past decade on the executive leadership teams of various biotech companies, including Pharmacyclics, Calithera and
most recently
Instil Bio.
Prior to that, Ms. Ray served in legal positions of increasing seniority at AstraZeneca, Genentech and Elan
Pharmaceuticals.
Ms. Ray started her legal career as a litigator at the law firm of Montgomery, McCracken, Walker & Rhoads.
She
holds a Juris Doctor from Temple University Law School and a Bachelor of Science in microbiology from the University of Arizona.
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: September 28, 2023
By:
/s/ Mei Mei Hu
Title:
Chief Executive Officer