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: November 9, 2000
CYBERGATE, INC.
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(Exact name of registrant as specified in its charter)
NEVADA
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(State or other jurisdiction of incorporation or organization)
0-31417 88-0356047
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(Commission File Number) (IRS Employer Identification Number)
c/o Richard D. Surber, President
268 West 400 South, Suite 300, Salt Lake City, Utah 84101
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(Address of principal executive offices)
(801) 575-8073
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(Registrant's telephone number, including area code)
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ITEM 4. Changes in Registrant's Certifying Accountant
On November 9, 2000, Cybergate, Inc. ("the Company") terminated its relationship
with Tanner + Co. ("Tanner"), the principal accountant previously engaged to
audit the Company's financial statements. Effective November 9, 2000, the
Company retained Jones, Wright, Simkins and Associates ("Jones") as the
principal accountants to replace Tanner. The Company's audit committee and board
of directors approved the change of accountants from Tanner to Jones.
The audit reports of Tanner on the Company's financial statements for the fiscal
year ending December 31, 1999 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 such reports were modified to include an
explanatory paragraph for a going concern uncertainty.
In connection with the audits of the fiscal year ending December 31, 1999 and
the subsequent interim periods through November 9, 2000, the date of
termination, the Company had no disagreements with Tanner on any matter of
accounting principles or practices, financial statement disclosure, or auditing
scope or procedures. Had there been any disagreements that were not resolved to
their satisfaction, such disagreements would have caused Tanner to make
reference in connection with their opinion to the subject matter of the
disagreement. In addition, during that time there were no reportable events (as
defined in Item 304(a)(1)(iv) of Regulation S-B).
During the fiscal year ending December 31, 1999, and the subsequent interim
period through November 9, 2000, the date of termination, and prior to such
appointment, the Company did not consult with Jones regarding the application of
generally accepted accounting principles to a specific transaction, either
proposed or completed, or the type of audit opinion that might be rendered on
the Company's financial statements. Since there were no disagreements or
reportable events (as defined in Item 304(a)(2) of Regulation S-B), the Company
did not consult Jones in respect to these matters during that time.
The Company provided Tanner with a copy of this report prior to filing it with
the SEC. The Company requested that Tanner furnish the Company with a letter to
the SEC stating whether Tanner agrees with the above statements. A copy of that
letter dated November 9, 2000 is filed as Exhibit 1 to this Form 8-K.
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ITEM 7. Financial Statements and Exhibits
The following exhibit(s) are included as part of this report:
a) Letter from Tanner + Co. dated November 9, 2000, relating the termination
of its services as the Registrant's independent auditors (SEC Reference
Number 16).
Pursuant to the requirement of the Securities Act of 1934, the Registrant has
duly caused this report to be signed on its behalf by the undersigned hereunto
duly authorized.
Cybergate, Inc.
Signature Date
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By: /s/ Richard D. Surber November 9, 2000
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Name: Richard D. Surber
Title: President
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