SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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First Amendment To
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d)
of the Securities Exchange Act of 1934
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Date of Report (Date of earliest event reported): DECEMBER 5, 2000
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Banyan Corporation
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(Exact name of registrant as specified in its charter)
OREGON 000-26065 84-1346327
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(State of incorporation or (Commission (I.R.S. Employer
organization) File Number) Identification Number)
4740 Forge Rd., Bldg. #112, Colorado Springs, CO 80907
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(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code: (719) 531-5535
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Item 1. Change in Control of Registrant
Not applicable.
Item 2. Acquisition of Assets
Not applicable.
Item 3. Bankruptcy or Receivership
Not applicable.
Item 4. Changes in Registrant's Certifying Public Accountant.
Alhough his report on the Company's financial statements for the past two
years has not contained an adverse opinion, disclaimer of opinion, or any
qualifications or modifications with regard to uncertainy, audit scope, or
accounting principles, the Company, upon the recommendation of its Board of
Directors, has elected to dismiss its Certified Public Accountant, Ronald R.
Chadwick, P.C., as of December 1, 2000.
The Company has not had any disagreements with Mr. Chadwick on any matter
of accounting principles or practices, financial statement disclosure, or
auditing scope or procedure. The Company has elected to dismiss Mr. Chadwick
because the Board of Directors feels that the Company's business has grown to
the point where it would be beneficial to hire a mid size or regional accounting
firm, and in order to do so it must first dismiss Mr. Chadwick.
Item 5. Other events.
Not applicable.
Item 6. Resignations of Registrant's Directors
Not applicable.
Item 7. Financial Statements, Pro Forma Financial Information and Exhibits.
See attached financial statement for NetDisc, Inc.
Item 8. Change in Fiscal Year
Not applicable
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.
BANYAN CORPORATION
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(Registrant)
Date: December 5, 2000 /s/ Larry Stanley
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Larry Stanley
President and CEO
EXHIBIT INDEX
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Exhibit
Number Description
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99.1 Response of Mr. Chadwick
To Be Filed By Amendment
<PAGE>
EXHIBIT 99.1
RONALD R. CHADWICK, P.C.
CERTIFIED PUBLIC ACCOUNTANT
2851 S. PARKER ROAD, SUITE 720
AURORA, COLORADO 80014
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TELEPHONE:(303)306-1967
TELECOPIER:(303)306-1944
December 6, 2000
Securities and Exchange Commission
450 5th Street, NW
Washington, D.C. 20549
Re: Banyan Corporation
File No. 000-26065
On December 1, 2000, my appointmnet as principal acountant for Banyan
Corporation was terminated. I have read Banyan Corporation's statements included
under Item 4 of its Form 8-k dated December 5, 2000, and agree with such
statements.
Very Truly Yours,
/s/ RONALD R. CHADWICK
RONALD R. CHADWICK
CERTIFIED PUBLIC ACCOUNTANT
