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

 

Date of Report (Date of earliest event reported):  March 25, 2010

 

_______________________________________________________________________

 

 

(Exact name of Registrant as specified in its charter)

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Commission File Number 1-6227

 

 

 

2108 140^th Avenue, P.O. Box 21

Algona, IA 50511

(Address of Principal Executive Offices)

 

(515) 395-8888

Registrant’s telephone number, including area code

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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 Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

 

 

The Annual Meeting of Members of East Fork Biodiesel, LLC (“Company”) was held on March 19, 2010. Allen A. Kramer and Dean Ulrich were elected as directors.

 

Votes were cast for nominees for directors as follows:

 

 

 

The members approved Proposal 2 – to adopt the Company's Second Amended and Restated Operating Agreement, and votes were cast as follows:

 

 

Proposal 2 involved amendments to the Company's Operating Agreement to (i) remove the minimum per unit purchase price and increase the number of authorized units to 600,000; (ii) remove the limitation that no single person, entity or affiliate can own an interest in the Company in excess of $1,000,000; (iii) remove the cap on the interest rate that members may charge on loans to the Company; and (iv) remove the provision that restricts the transfer of units before the Company has commenced substantial operations. A copy of the Second Amended and Restated Operating Agreement is attached hereto as Exhibit 3.2.

 

The members approved Proposal 3 – to approve an increase in the Company's authorized membership units, and votes were cast as follows:

 

 

Proposal 3 involved a specific authorization from the Company’s members for the Company’s Board of Directors to issue the units authorized by the Company's Second Amendment to Operating Agreement. Under the Second Amendment to Operating Agreement, the Board may issue up to 600,000 membership units without member approval.

 

 

 

 

 

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 thereunto duly authorized.