ARK Restaurants Files 8-K on Bylaw/Fiscal Year Change

TL;DR

**ARK Restaurants just filed an 8-K about a corporate structure change; details matter for investors.**

AI Summary

ARK RESTAURANTS CORP. filed an 8-K on January 24, 2024, reporting an event that occurred on January 23, 2024. This filing indicates a change related to their Articles of Incorporation or Bylaws, or a change in their fiscal year, as per Item 5.03. While the specific details of the amendment are not provided in this summary, it signals a potential structural or operational shift for the company. Investors should pay attention to the full filing to understand the nature of these changes, as they could impact corporate governance or financial reporting, which in turn could affect the stock's long-term value.

Why It Matters

Changes to a company's bylaws or fiscal year can impact its governance, operations, and financial reporting, potentially affecting investor confidence and stock valuation.

Risk Assessment

Risk Level: medium — The filing indicates a change in corporate structure or fiscal year, which could have either positive or negative implications depending on the specifics, making it a medium risk.

Analyst Insight

A smart investor would immediately seek out the full text of the 8-K filing to understand the specific nature of the amendment to the Articles of Incorporation or Bylaws, or the change in fiscal year, as this information is crucial for assessing potential impacts on governance, operations, and future financial performance.

Key Numbers

• January 24, 2024 — Filing Date (The date the 8-K was filed with the SEC.)
• January 23, 2024 — Earliest Event Date (The date the reported event (amendment/change) actually occurred.)
• 001-09453 — Commission File Number (Unique identifier for ARK Restaurants Corp. with the SEC.)
• $.01 — Par Value per Share (The nominal value of ARK Restaurants Corp.'s Common Stock.)

Key Players & Entities

• ARK RESTAURANTS CORP. (company) — the registrant filing the 8-K
• January 24, 2024 (date) — date of filing
• January 23, 2024 (date) — date of earliest event reported
• New York (company) — state of incorporation for ARK Restaurants Corp.
• 1-09453 (dollar_amount) — Commission File Number
• 13-3156768 (dollar_amount) — IRS Employer Identification No.
• 85 Fifth Avenue New York, New York 10003 (company) — address of principal executive offices
• (212) 206-8800 (dollar_amount) — registrant's telephone number
• Common Stock, par value $.01 per share (company) — title of class of securities registered
• ARKR (company) — trading symbol

Forward-Looking Statements

• The full 8-K filing will reveal whether the change is an amendment to bylaws or a fiscal year change. (ARK RESTAURANTS CORP.) — high confidence, target: Immediately upon full filing review
• The specific details of the amendment will likely impact corporate governance or financial reporting. (ARK RESTAURANTS CORP.) — medium confidence, target: Ongoing

FAQ

Filing Documents

• arkr-20240123.htm (8-K) — 32KB
• arkrestaurantscorp-amended.htm (EX-3.1) — 98KB
• 0000779544-24-000003.txt ( ) — 289KB
• arkr-20240123.xsd (EX-101.SCH) — 2KB
• arkr-20240123_def.xml (EX-101.DEF) — 3KB
• arkr-20240123_lab.xml (EX-101.LAB) — 26KB
• arkr-20240123_pre.xml (EX-101.PRE) — 14KB
• arkr-20240123_htm.xml (XML) — 3KB

03. Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year

Item 5.03. Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year. On January 23, 2024, the Board of Directors of Ark Restaurants Corp. (the "Company") approved the Company's Amended and Restated Bylaws (the "A&R Bylaws"), effective as of such date. The A&R Bylaws amended and restated the Company's prior Bylaws in its entirety primarily to update certain procedural requirements related to director nominations by shareholders in light of the Securities and Exchange Commission's recent adoption of Rule 14a-19 and amendments to existing rules under the Securities Exchange Act of 1934, as amended (the "Universal Proxy Rules"). Among other things, the amendments effected by the A&R Bylaws: added certain updated procedures in connection with shareholder proposals to be brought before an annual meeting of shareholders, including certain additional information requirements with respect to the shareholder making the proposal; added certain updated procedures in connection with shareholder nominations of directors, including certain additional information requirements with respect to nominating shareholders, their proposed nominees and other persons related to a shareholder's solicitation of proxies; added a requirement for a nominating shareholder to comply in all respects with the requirements of the Universal Proxy Rules; added a requirement that a shareholder directly or indirectly soliciting proxies from other shareholders use a proxy card color other than white; and revised the notice period for shareholder meetings from fifty days to sixty days to reflect the procedural requirement provided for under Section 605 of the New York Business Corporation Law. The foregoing description is qualified in its entirety by reference to the full text of the A&R Bylaws, a copy of which is attached to this Current Report on Form 8-K as Exhibit 3.1 and is incorporated herein by reference.

01. Financial Statements and Exhibits

Item 9.01. Financial Statements and Exhibits. (d) Exhibits Exhibit Number Description 3.1 Amended and Restated Bylaws of Ark Restaurants Corp. 104 Cover Page Interactive Data File (embedded within the Inline XBRL document)

SIGNATURES

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. ARK RESTAURANTS CORP. By: /s/ Michael Weinstein Name: Michael Weinstein Title: Chief Executive Officer Date: January 24, 2024

View Full Filing

View this 8-K filing on SEC EDGAR