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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

 

 

Form 10-K/A

 

 

(Mark One)

[X] ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934

 

For the fiscal year ended December 31, 2021
or

 

[  ] TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934

 

For the transition period from ______ to ______
Commission file number: 814-00830

 

Firsthand Technology Value Fund, Inc.

(Exact name of registrant as specified in its charter)

 

 

Maryland
(State or other jurisdiction of
incorporation or organization)

27-3008946
(I.R.S. Employer
Identification No.)

 

150 Almaden Boulevard, Suite 1250
San Jose, California 95113

(Address and zip code of principal executive offices)

 

(408) 886-7096
(Registrant’s telephone number, including area code)

 

 

Securities registered pursuant to Section 12(b) of the Act:

 

Title of each class

Name of each exchange on which registered

Common Stock, $0.001 par value

The NASDAQ Global Market

Securities registered pursuant to Section 12(g) of the Act:
None

 

 

Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act. [  ] Yes [X] No

 

Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or 15(d) of the Act. [  ] Yes [X] No

 

Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. [X] Yes [  ] No

 

Indicate by check mark whether the issuer has submitted electronically and posted on its corporate Web site, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T (Section 232.405 of this chapter) during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files). [X] Yes [  ] No

 

Indicate by check mark if disclosure of delinquent filers pursuant to Item 405 of Regulation S-K is not contained herein, and will not be contained, to the best of the registrant’s knowledge, in the definitive proxy or information statements incorporated by reference in Part III of this Form 10-K or any amendment to this Form 10-K. [  ]

 

Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting company. See the definitions of “large accelerated filer,” “accelerated filer,” and “smaller reporting company” in Rule 12b-2 of the Exchange Act). (check one):

 

Large accelerated filer [  ] Accelerated filer [  ]

Non-accelerated filer [X]

(Do not check if a smaller reporting company)
Smaller reporting company [  ]

Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Act). [  ] Yes [X] No

 

The aggregate market value of the Common Stock held by non-affiliates of the registrant as of December 31, 2021 was approximately $25 million (computed using the closing price of $4.01 per share of Common Stock on December 31, 2021, as reported by the NASDAQ Global Market).

 

As of March 1, 2022, Firsthand Technology Value Fund had 6,893,056 shares of common stock, par value $0.001 per share, outstanding.

 

This amendment is made to update the Exhibits list and to add Exhibit 99.4 that was not available when the original Form 10-K annual report was filed.

TAIT, WELLER & BAKER LLP

Philadelphia, Pennsylvania

445

 

 

Pursuant to the requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, the Company has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.

 

   

FIRSTHAND TECHNOLOGY VALUE FUND, INC.

Date: March 21, 2023

By:

   

Kevin Landis

President

 

Pursuant to the requirements of the Securities Exchange Act of 1934, this report has been signed below by the following persons on behalf of the Company and in the capacities and on the dates indicated.

 

Signatures

 

Title

 

Date

         

/s/ Kevin Landis

 

Chairman of the Board, Chief Executive Officer, and Chief Financial Officer

 

March 21, 2023

Kevin Landis

   

 

 

     

 

*

 

Director

 

March 21, 2023

Greg Burglin

 

 

 

 

 

 

 

 

 

*

 

Director

 

March 21, 2023

Kimun Lee

       
         

*

 

Director

 

March 21, 2023

Nicholas Petredis

       
         

*

 

Director

 

March 21, 2023

Rodney Yee

       

 

* Signed by Kevin Landis pursuant to powers of attorney.

 

 

 

 

EXHIBIT INDEX

 

Exhibit Number

Descriptions

3.1

Registrant’s Articles of Amendment and Restatement are incorporated by reference to Exhibit (a)(2) of Pre-Effective Amendment No. 1 to the Registrant’s Registration Statement on Form N-2 (File No. 333-168195) as filed with the Securities and Exchange Commission on September 24, 2010.

3.2

Certificate of Correction to Registrant’s Articles of Amendment and Restatement is incorporated by reference to Exhibit (a)(2) of the Registrant’s Registration Statement on Form N-2 (File No. 333-179606) as filed with the Securities and Exchange Commission on February 21, 2012.

3.3

Registrant’s Amended and Restated Bylaws – as filed with the Securities and Exchange Commission on March 24, 2022.

10.1

Registrant’s Dividend Reinvestment Plan is incorporated by reference to Exhibit (e) of Pre-Effective Amendment to the Registrant’s Registration Statement on Form N-2 (File No. 333-168195) as filed with the Securities and Exchange Commission on September 24, 2010.

10.2

Form of Investment Management Agreement between Registrant and SiVest Group, Inc. (now known as Firsthand Capital Management, Inc.) is incorporated by reference to Exhibit (g) of Pre-Effective Amendment to the Registrant’s Registration Statement on Form N-2 (File No. 333-168195) as filed with the Securities and Exchange Commission on September 24, 2010.

10.3

Form of Custodian Services Agreement between Registrant and PFPC Trust Company is incorporated by reference to Exhibit (j) of Pre-Effective Amendment to the Registrant’s Registration Statement on Form N-2 (File No. 333-168195) as filed with the Securities and Exchange Commission on September 24, 2010.

10.4

Form of Administration and Accounting Agreement between Registrant and BNY Mellon Investment Servicing (US), Inc. is incorporated by reference to Exhibit (k)(1) of Pre-Effective Amendment to the Registrant’s Registration Statement on Form N-2 (File No. 333-168195) as filed with the Securities and Exchange Commission on September 24, 2010.

10.4.1

Form of Amendment to Administration and Accounting Agreement between Registrant and BNY Mellon Investment Servicing (US), Inc. – is incorporated by reference to exhibit 10.4.1 to the Registrant’s Form 10-K as filed with the Securities and Exchange Commission on March 18, 2019.

10.5

Notice of Assignment dated February 9, 2011 by PFPC Trust Company assigning Custodian Services Agreement is incorporated by reference to Exhibit (j)(2) of the Registrant’s Registration Statement on Form N-2 (File No. 333-179606) as filed with the Securities and Exchange Commission on February 21, 2012.

10.6

Form of Transfer Agency Services Agreement between Registrant and Computershare Trust Company, N.A and Computershare Inc.- as filed with the Securities and Exchange Commission on March 24, 2022.

14.1

Registrant’s Code of Ethics for Principal Executive and Senior Financial Officers is incorporated by reference to Exhibit 14 to the Registrant’s Form 10-K as filed with the Securities and Exchange Commission on March 21, 2012.

24.1

Power of Attorney is incorporated by reference to Exhibit 24 to the Registrant’s Form 10-K as filed with the Securities and Exchange Commission on March 21, 2012.

31.1

Certification of Chief Executive Officer and Chief Financial Officer pursuant to Securities Exchange Act Rules 13a-14(a) and 15d-14(a) as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. – filed herewith

32.1

Certification of Chief Executive Officer and Chief Financial Officer pursuant to Section 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. – filed herewith

99.1

Separate financial statements of Revasum, Inc. filed pursuant to Rule 3-09 and 4-08(g) of regulation S-X— as filed with the Securities and Exchange Commission on March 24, 2022.

 99.2

Separate financial statements of Wrightspeed, Inc. filed pursuant to Rule 3-09 and 4-08(g) of regulation S-X-as filed with the Securities and Exchange Commission on May 17, 2022.

99.3

Separate financial statements of IntraOp Medical Corporation filed pursuant to Rule 3-09 and 4-08(g) of regulation S-X-as filed with the Securities and Exchange Commission on May 17, 2022.

 99.4 Separate financial statements of Wrightspeed Inc. filed pursuant to Rule 3-09 and 4-08(g) of regulations S-X filed herewith.