[FORM 10-K [X] [ ] CHINA BAK BATTERY, INC. Nevada 88-0442833 (State or other jurisdiction of incorporation or organization) (I.R.S. Employer Identification Number) BAK Industrial Park No. 1 BAK Street Kuichong Town, Longgang District Shenzhen 518119 People’s Republic of China (86) 755-8977-0093 Name of Each Exchange on Which Registered: Common Stock, $0.001 par value The NASDAQ Stock Market LLC (NASDAQ] [] [CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM We consent to the incorporation by reference in Registration Statements (No.333-148253, No.333-151678 and No. 333-151985) on Form S-3 and the Registration Statements (No. 333-137747, No. 333-153649 and No. 333-153650) on Form S-8 of China BAK Battery, Inc. (the "Company") of our report dated December 14, 2010, relating to the Company's consolidated financial statements] [CERTIFICATION I, Xiangqian Li, certify that: 1. I have reviewed this annual report on Form 10-K of China BAK Battery, Inc.; 2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements] [CERTIFICATION I, Ke Marcu Cui, certify that: 1. I have reviewed this annual report on Form 10-K of China BAK Battery, Inc.; 2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such] [(2) The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company. President and Chief Executive Officer December 14, 2010] [(2) The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company. Interim Chief Financial Officer December 14, 2010] [Comprehensive Credit Facility Agreement of Maximum Amount (“Credit Facility Agreement”) Main articles: Contract number: 4431702010LE00000400; Maximum amount of credit facilities to be provided: RMB 50 million; Term: from June 28, 2010 to June 28, 2011; Purpose of the loan is to provide working capital for the Debtor; In the event of occurrence of any of the following during the term] [Summary of Guaranty Contract of Maximum Amount ( the “Contract”) into by and between BAK International (Tianjin) Limited (the “Guarantor”) and Shenzhen Caitian Branch, Bank of Communications (the “Creditor”) on June 28, 2010 Main contents: Guaranty Contract number: 4431702010B100000400; Bak International (Tianjin) Limited undertakes to assume joint and several liabilities for Shenzhen BAK Battery Co., Ltd (the “Obligor”)’s indebtedness towards] [Summary of Guaranty Contract of Maximum Amount ( the "Contract") Entered Main contents: Guaranty Contract number: 4431702010B100000401; Xiangqian Li undertakes to assume joint and several liabilities for Shenzhen BAK Battery Co., Ltd (the "Obligor")’s indebtedness towards Bank of Communications under the Comprehensive Credit Facility Agreement of Maximum Amount (reference no.: 4431702010LE00000400) from June 28, 2010 to June 28, 2011, and] [Comprehensive Credit Facility Agreement of Maximum Amount Main articles: Contract number: ZH78241008004; Maximum amount of credit facilities to be provided: RMB 120 million, including RMB 40 million for bank acceptance and RMB 80 million for discount on notes; Term: from November 8, 2010 to November 8, 2011; Purpose of the credit is to provide working capital for the Company; In] [Summary of Guaranty Contract of Maximum Amount ( the “Contract”) Main contents: Guaranty Contract number: GB78241008004-1; Bak International Limited undertakes to assume joint and several liabilities for Shenzhen BAK Battery Co., Ltd (the “Obligor”)’s indebtedness towards China Everbright Bank under the Comprehensive Credit Facility Agreement of Maximum Amount (reference no.: ZH78241008004) from November 8, 2010 to November 8, 2011, and] [Summary of Guaranty Contract of Maximum Amount ( the “Contract”) Entered into by and between Xiangqian Li(the “Guarantor”) and Shenzhen Nanshan Branch, China Everbright Bank (the “Creditor”) Dated August 31, 2010 Main contents: Guaranty Contract number: GB78241008004-2; Xiangqian Li undertakes to assume joint and several liabilities for Shenzhen BAK Battery Co., Ltd (the “Obligor”)’s indebtedness towards China Everbright Bank under] [Summary of Loan Agreement Entered into by and between Shenzhen BAK Battery Co., Ltd. (“the Company”) and Longgang Branch, Shenzhen Development Bank Co., Ltd (the “Creditor”) on August 4, 2010 Main contents: Contract number: Shenfa Longgang Daizi 20100803001; Main Contract: Comprehensive Credit Facility Agreement; Main Contract number: Shenfa Longgang Zongzi 20091221001; Loan principal: RMB 20 million; Loan term: from August]