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
August 7,
2008
Date
of Report (Date of earliest event reported)
EMCORE
CORPORATION
Exact
Name of Registrant as Specified in its Charter
|
New Jersey
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0-22175
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22-2746503
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|
State
of Incorporation
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Commission
File Number
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IRS
Employer Identification Number
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10420 Research Road, SE,
Albuquerque, New Mexico 87123
Address
of principal executive offices, including zip code
(505)
332-5000
Registrant's
telephone number, including area code
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:
|
o
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Written
communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
|
|
o
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Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
|
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o
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Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
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o
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Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
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ITEM
5.03 Amendments
to Articles of Incorporation or Bylaws.
On August
7, 2008, the Board of Directors of EMCORE Corporation (“EMCORE” or the
“Company”) amended EMCORE’s By-Laws to incorporate director independence
standards and to provide for term limits for independent directors and a
procedure that allows shareholders owning at least twenty percent of the
Company’s outstanding capital stock to have a director nominee included in the
Company’s proxy materials. A complete copy of the Restated Bylaws,
reflecting such amendments, is included as Exhibit 3.1 to this Current Report on
Form 8-K and is incorporated herein by reference.
ITEM 9.01 Financial
Statements and Exhibits.
(d) Exhibits
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Exhibit
Number
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Description
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3.1
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Restated
By-Laws of EMCORE Corporation
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SIGNATURE
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.
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EMCORE
CORPORATION
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|
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Dated:
August 13, 2008
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By: /s/ Keith
Kosco
Name:
Keith Kosco
Title:
Chief Legal Officer and Corporate Secretary
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EXHIBIT
INDEX
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Exhibit
Number
|
Description
|
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3.1
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Restated
By-Laws of EMCORE Corporation
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