Amplify Commodity Trust 8-K/A, filed Nov 12, 2024
Amplify Commodity Trust (BDRY)
About this 8-K/A
Amplify Commodity Trust filed this 8-K/A on November 12, 2024.
Items reported
- Item 4.01: Change of auditor
- Item 9.01: Financial statements and exhibits
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Explanatory Note
1
Item 4.01. Changes in Registrant’s Certifying Accountant.
(a) Dismissal of Previous Independent Registered Public Accounting Firm
On November 5, 2024, management of Amplify Investments LLC (the “Sponsor”), which is the Sponsor of the Trust, dismissed WithumSmith+Brown, PC (“Withum”) as the Trust’s independent registered public accounting firm effective as of that date.
Withum’s audit reports on the Trust’s combined financial statements for the Trust’s fiscal year ended June 30, 2024, did not contain any adverse opinion or disclaimer of opinion and were not qualified or modified as to uncertainty, audit scope, or accounting principles.
During the most recent fiscal year and the subsequent interim period through November 5, 2024, there were (i) no disagreements within the meaning of Item 304(a)(1)(iv) of Regulation S-K between the Trust and Withum on any matter of accounting principles or practices, financial statement disclosure, or auditing scope or procedure, which disagreements, if not resolved to Withum’s satisfaction, would have caused Withum to make reference to the subject matter of the disagreements in connection with its reports on the Trust’s combined financial statements for such years, and (ii) no “reportable events” within the meaning of Item 304(a)(1)(v) of Regulation S-K.
The Trust has provided Withum with a copy of the disclosures contained herein and has requested that Withum furnish the Trust with a letter addressed to the Securities and Exchange Commission stating whether it agrees with the statements made herein and, if not, stating the respects in which it does not agree. A copy of Withum’s letter, dated November 8, 2024, is filed as Exhibit 16.1 herewith.
(b) Appointment of New Independent Registered Public Accounting Firm
On November 5, 2024, the Sponsor approved, effective immediately, the engagement of Cohen & Company, Ltd. (“Cohen”) as the Trust’s independent registered public accounting firm for the Trust’s fiscal year ending June 30, 2025.
During the most recent fiscal year and in the subsequent interim period through November 5, 2024, neither the Trust nor anyone acting on behalf of the Trust, has consulted with Cohen regarding (i) the application of accounting principles to a specific transaction, either completed or proposed, or the type of audit opinion that might be rendered on the Trust’s combined financial statements, and neither a written report nor oral advice was provided to the Trust that Cohen concluded was an important factor considered by the Trust in reaching a decision as to any accounting, auditing, or financial reporting issue, (ii) any matter that was subject of a disagreement within the meaning of Item 304(a)(1)(iv) of Regulation S-K, or (iii) any “reportable event” within the meaning of Item 304(a)(1)(v) of Regulation S-K.
Item 9.01 Financial Statements and Exhibits
(d) Exhibits
| Exhibit No. | Description | |
| 16.1 | Letter from WithumSmith+Brown, PC, dated November 8, 2024. | |
| 104 | Cover Page Interactive Data File (embedded within the Inline XBRL document). |
2
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.
| Dated: November 12, 2024 | Amplify Commodity Trust |
| Amplify Investments LLC, as Sponsor of Amplify Commodity Trust |
| By: | /s/ Christian Magoon | |
| Name | Christian Magoon | |
| Title: | Principal Executive Officer |
3
Exhibit 16.1
November 8, 2024
Office of the Chief Accountant
Securities and Exchange Commission
100 F Street, NE
Washington, DC 20549
United States of America
Ladies and Gentlemen:
We have read the statements made by Amplify Commodity Trust under Item 4.01(a) of its Form 8-K dated November 8, 2024 and are in agreement with the statements concerning our Firm contained therein; we are not in a position to agree or disagree with other statements contained in any other section in the Form 8-K.
Very truly yours,
/s/ WithumSmith+Brown, PC
New York, New York