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): March 16, 2004
LASERSIGHT INCORPORATED
-----------------------
Exact name of registrant as specified in its charter
Delaware
--------
State or other jurisdiction of incorporation
0-19671 65-0273162
------- ----------
Commission File Number I.R.S. Employer
Identification No.
6848 Stapoint Court, Winter Park, Florida 32792
-----------------------------------------------
Address of Principal Executive offices
Registrant's telephone number, including area code: (407) 678-9900
--------------
Item 4. Changes in Registrant's Certifying Accountant
KPMG LLP was previously the principal accountant for LaserSight
Incorporated (the "Registrant"). On March 16, 2004, the firm resigned as the
auditor of the Registrant as of that date. That determination was a decision of
KPMG LLP and was not recommended or approved by the audit committee of the board
of directors of the Registrant.
During the Registrant's two fiscal years ended December 31, 2002 and
2001, and during the subsequent period preceding the date of KPMG LLP's
resignation, there were no disagreements with KPMG LLP on any matter of
accounting principles or practices, financial statement disclosure, or auditing
scope or procedure, which if not resolved to their satisfaction, would have
caused them to make reference in connection with their report to the subject
matter of the disagreement. No other event has occurred with respect to the
Registrant and KPMG LLP for which disclosure would be required pursuant to
paragraph (a)(1)(v) of Item 304 of Regulation S-K.
KPMG LLP did not issue an audit report on the financial statements of
the Registrant as of and for the year ended December 31, 2003, or for any
subsequent period preceding the date of KPMG LLP's resignation, as the
Registrant has not filed any financial statement subsequent to March 31, 2003.
KPMG LLP did review the Registrant's financial statements included in its Form
10-Q for the quarterly period ended March 31, 2003.
KPMG LLP's most recent audit report was on the consolidated financial
statements of the Registrant as of and for the year ended December 31, 2002. The
audit reports of KPMG LLP on the consolidated financial statements of the
Registrant as of and for the years ended December 31, 2002 and 2001 did not
contain any adverse opinion or disclaimer of opinion, nor were they qualified or
modified as to uncertainty, audit scope, or accounting principles, except as
follows:
KPMG LLP's reports on the consolidated financial statements of the
registrant as of and for the years ended December 31, 2002 and 2001, contained a
separate paragraph stating, "The accompanying consolidated financial statements
have been prepared assuming that the Company will continue as a going concern.
As discussed in Note 1 to the consolidated financial statements, the Company has
suffered recurring losses from operations and has a significant accumulated
deficit that raises substantial doubt about its ability to continue as a going
concern. Management's plans in regard to these matters are also described in
Note 1. The consolidated financial statements do not include any adjustments
that might result from the outcome of this uncertainty."
The Registrant filed for bankruptcy protection under Chapter 11 of the
U.S. Bankruptcy Code on September 5, 2003.
A letter from KPMG LLP is attached as Exhibit 16.1 to this Form 8-K.
As part of the Registrant's previously announced downsizing and
re-focusing, the Registrant has been in contact with and is evaluating
Orlando-based regional and local CPA firms qualified to undertake SEC audit
engagements. The Registrant has an ongoing selection process and expects to
select a new auditor within 60 days.
Item 7. Financial Statements and Exhibits.
Item 7(c). Exhibits
- 2 -
16.1 Letter from KPMG LLP to the Securities and Exchange Commission dated
March 23, 2004
- 3 -
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.
LASERSIGHT INCORPORATED
-----------------------
Date: March 23, 2004 By: /s/ Danghui ("David") Liu
-------------------------
Danghui ("David") Liu
Interim Chief Executive Officer
- 4 -