Fulgent Genetics, Inc. 10-Q

Item 5. Other Information. Approval of Amended and Restated 2016 Omnibus Incentive Plan On August 3, 2020, our board of directors approved, subject to stockholder approval, the amendment and restatement of our Amended and Restated 2016 Omnibus Incentive Plan, or the 2016 Plan. The amendment and restatement of the 2016 Plan, if approved by our stockholders, will increase the aggregate number of shares of common stock that may be issued by us pursuant to awards under the 2016 Plan by 2,500,000 shares. Designation of Executive Officer On August 3, 2020, our board of directors designated Jian Xie, who is Mr. Hsieh’s brother, as an “executive officer” of the Company within the meaning of Rule 3b-7 under the Exchange Act and as an “officer” of the Company within the meaning of Rule 16a-1(f) under the Exchange Act. Mr. Xie, age 54, has served as our Chief Operating Officer since 2018 and before that, served as our Vice President of Bioinformatics. There are no arrangements or understandings between Mr. Xie and any other person pursuant to which Mr. Xie was selected to serve as an executive officer of the Company and Mr. Xie’s employment with the Company is at will. Mr. Xie is not a party to a written employment agreement. Mr. Xie’s annual salary is $210,000 and Mr. Xie is eligible to receive cash bonuses and equity awards on the same basis as our other similarly situated employees. 57 Item 6. E xhibits. The information required by this Item 6 is set forth on the Exhibit Index that immediately precedes the signature page to this report and is incorporated herein by reference. 58 EXHIBIT INDEX Exhibit No. Exhibit Title Filed with this Form 10-Q 31.1 Certification of Principal Executive Officer pursuant to Rules 13a-14(a) and 15d-14(a) under the Securities Exchange Act of 1934, as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. X 31.2 Certification of Principal Financial Officer pursuant to Rules 13a-14(a) and 15d-14(a) under the Securities Exchange Act of 1934, as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. X 32.1* Certification of Principal Executive Officer and Principal Financial Officer pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. X 101.INS XBRL Instance Document X 101.SCH XBRL Taxonomy Extension Schema Document X 101.CAL XBRL Taxonomy Extension Calculation Linkbase Document X 101.DEF XBRL Definition Linkbase Document X 101.LAB XBRL Taxonomy Extension Labels Linkbase Document X 101.PRE XBRL Taxonomy Extension Presentation Linkbase Document X * Furnished herewith. 59 SIGNAT URES 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 thereunto duly authorized. FULGENT GENETICS, INC. Date: August 4, 2020 By: /s/ Ming Hsieh Ming Hsieh President, Chief Executive Officer (principal executive officer) Date: August 4, 2020 By: /s/ Paul Kim Paul Kim Chief Financial Officer (principal financial and accounting officer) 60