[FORM 10-K (Mark One) September 30, 2013 For the fiscal year ended: or the transition period from _____________ to _____________ 001-32898 Commission File No. CHINA BAK BATTERY, INC. Nevada 88-0442833 (State or Other Jurisdiction of Incorporation or (I.R.S. Employer Identification No.) Organization) BAK Industrial Park No. 1 BAK Street Kuichong Town, Longgang District Shenzhen 518119 People’s Republic of China (86-755)] [Borrower: Shenzhen BAK Battery Co., Ltd Lender: Jinghui Wang In accordance with related laws and regulations, the two parties agreed to this agreement on December 17, 2013. 1. Basic 1.1 The loan amount is RMB 370,000,000. 1.2 The loan will be transferred by the Lender to the Borrower’s account before January 17, 2014 in installments, among which RMB 80 million] [] [] [] [LIST OF SUBSIDIARIES Name of Subsidiary Jurisdiction of Organization BAK Battery Canada Ltd. Canada BAK Battery (Shenzhen) Co., Ltd. People’s Republic of China BAK Europe GmbH Germany BAK International Limited Hong Kong BAK International (Tianjin) Ltd. People’s Republic of China BAK Telecom India Private Limited (1) India China BAK Asia Holdings Limited Hong Kong Dalian BAK Trading Ltd. People’s Republic] [CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM The Board of Directors and Shareholders of] [CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM We hereby consent to the incorporation by reference in the Registration Statements on Form S-3 (No. 333-148253, No. 333-151678 and No. 333-151985) and the Registration Statements on Form S-8 (No. 333-137747, No. 333-153649 and No. 333-153650) of China BAK Battery, Inc. (the “Company”) of our report dated January 14, 2014, relating to the] [CERTIFICATIONS 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] [OF THE SARBANES-OXLEY ACT OF 2002 2. Information contained in the Report fairly presents, in all material respects, the financial condition and results of operation of the Company. th Accounting Officer)] [Summary of Supplemental Agreement (No. 2012 Zhenzhongyingang ebuxiezi 000527) entered into between Shenzhen BAK Battery Co., Ltd and Shenzhen Longgang Branch, Bank of China on Oct 15, 2013. Main articles: 1. Extension of Loan As applied by Party A, the both parties agreed to the extension of the loan under the Loan Agreement (No. 2011 Zhenzhongyin Gangjiezi 00043) as flows:] [Summary of Mortgage Contract of Maximum Amount ( the “Contract”) Entered into by and between Shenzhen BAK Battery, Co., Ltd (the “Mortgager”) and Shenzhen Longgang Branch, Bank of China (the “Creditor”) on July 24, 2013 Main contents: Contract number: 2012 Zhenzhongyin Gang Edizi 000527-2; In order to guarantee the indebtedness of RMB 400 million for Shenzhen BAK Battery Co., Ltd.] [Summary of Accounts Receivable Pledge Contract ( the “Contract”) Entered into by and between Shenzhen BAK Battery, Co., Ltd (the “Mortgager”) and Shenzhen Longgang Branch, Bank of China (the “Creditor”) on July 3, 2013 Main contents: Contract number: 2012 Zhenzhongyin Gang zhizi 000527; In order to guarantee the indebtedness of RMB 400 million for Shenzhen BAK Battery Co., Ltd. (the] [Summary of Pledge Contract of Maximum Amount ( the “Contract”) Entered into by and between BAK International Limited (the “Mortgager”) and Shenzhen Longgang Branch, Bank of China (the “Creditor”) on Oct 15, 2013 Main contents: Contract number: 2013 Zhenzhongyin Gangzhizi 000527-2; In order to guarantee the indebtedness of RMB 400 million for Shenzhen BAK Battery Co., Ltd. (the “Obligor”) towards] [Summary of Mortgage Contract of Maximum Amount ( the “Contract”) Entered into by and between Shenzhen BAK Battery, Co., Ltd (the “Mortgager”) and Shenzhen Longgang Branch, Bank of China (the “Creditor”) on Sept 29, 2013 Main contents: Contract number: 2012 Zhenzhongyin Gangdizi 000527; In order to guarantee the indebtedness of RMB 370 million for Shenzhen BAK Battery Co., Ltd. (the]