Item 4.01. Changes in Registrant's Certifying Accountant.
(a) Dismissal of Independent Registered Public Accounting Firm.
Based on information provided by Friedman LLP ("Friedman"), Peak
Pharmaceuticals, Inc.'s (the "Company") independent registered public accounting
firm, effective September 1, 2022, Friedman combined with Marcum LLP ("Marcum")
and continues to operate as an independent registered public accounting firm.
On January 11, 2023, the board of directors of the Company (the "Board")
approved the dismissal of Friedman and the engagement of Marcum to serve as the
independent registered public accounting firm of the Company. The services
previously provided by Friedman will now be provided by Marcum.
The report of Friedman on the Company's consolidated financial statements as of
September 30, 2022 and 2021 and for the years then ended did not contain an
adverse opinion or a disclaimer of opinion and were not qualified or modified
as to uncertainty, audit scope, or accounting principles, except that Friedman's
report dated December 19, 2022 contained an explanatory paragraph stating there
was substantial doubt about the Company's ability to continue as a going
concern.
During the Company's fiscal years ended September 30, 2022 and 2021 and the
subsequent period prior to Friedman's dismissal, (a) there were no disagreements
with Friedman on any matter of accounting principles or practices, financial
statement disclosure, or auditing scope or procedure which, if not resolved to
the satisfaction of Friedman, would have caused Friedman to make reference
thereto in its reports on the consolidated financial statements for such years;
and (b) there were no reportable events as described in Item 304(a)(1)(v) of
Regulation S-K promulgated by the Securities and Exchange Commission
("Regulation S-K").
The Company provided Friedman with a copy of the foregoing disclosures and
requested that Friedman furnish the Company with a letter addressed to the
Securities and Exchange Commission stating whether or not it agrees with such
disclosures. Attached as Exhibit 16.1 is a copy of Friedman's letter, dated
January 20, 2023 .
(b) Appointment of New Independent Registered Public Accounting Firm.
On January 11, 2023, the Board approved the engagement of Marcum to serve as
the Company's independent registered public accounting firm for the fiscal year
ending September 30, 2023.
No consultations occurred between the Company and Marcum during the two most
recent fiscal years and the subsequent interim period prior to Marcum's
appointment regarding either (a) the application of accounting principles to a
specific completed or proposed transaction, the type of audit opinion that might
be rendered on the Company's financial statements, or other information provided
that was considered by the Company in reaching a decision as to an accounting,
auditing or financial reporting issue, or (b) any matter that was the subject of
a disagreement (as defined in Item 304(a)(1)(iv) of Regulation S-K) or a
reportable event (as described in Item 304(a)(1)(v) of Regulation S-K).
Item 9.01. Financial Statements and Exhibits.
(d) Exhibits
16.1 Letter from Friedman LLP to the Securities and Exchange Commission
dated January 20, 2023
104 Cover Page Interactive Data File (embedded within the Inline XBRL
document)
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