[FORM 10-K (Mark One) x For the fiscal year ended: September 30, 2009 ¨ For the transition period from ____________ to _____________ Commission File No. 001-32898 China BAK Battery, Inc. Nevada 88-0442833 (State or other jurisdiction of (I.R.S. Employer incorporation or organization) Identification No.) BAK Industrial Park Title of each class Name of each exchange on which registered Common stock,] [Summary of Loan Agreement Entered into by and between Shenzhen BAK Main articles: Contract number: (2009)Zhenzhongyin Ganghuilizi 052; Loan principal: JPY 296,604,000; Loan Term: from July 17, 2009 to July 20, 2010; Interest rate: fixed at 0.74375%; Interest settlement day is the maturity date of the loan; Penalty interest rate for delayed repayment is 2.23%; If any of the following] [Summary of Loan Agreement Entered into by and between Shenzhen Main contents Contract number: 81101200900001661; Loan principal: RMB 50 million; Loan term: from July 22, 2009 to January 21, 2010; Floating interest rate: annually 4.617%, rate adjustment in a 3-month cycle; Interest accrued and settled per month, interest settlement day is the 20th day of each month; Penalty interest rate] [Summary of Loan Agreement Entered into by and between Shenzhen BAK Main contents Contract number: 81101200900001669; Loan principal: RMB 50 million; Loan term: from July 23, 2009 to January 22, 2010; Floating interest rate: annually 4.617%, rate adjustment in a 3-month cycle; Interest accrued and settled per month, interest settlement day is the 20th day of each month; Penalty interest] [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 reports dated December 14, 2009, 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, Tony Shen, 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] [SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (2) The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company. President & Chief Executive Officer December 14, 2009] [SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (2) The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company. Chief Financial Officer December 14, 2009]

[PRESS RELEASE China BAK Reports Fourth Quarter and Fiscal Year 2009 Financial Results Shenzhen, China – December 2, 2009 Recent Achievements and Highlights We saw strong recovery from the downturn with sequential growth in revenue ($57.6M) and operating cash flow ($5.8M) in Q409 as compared to Q309; Profitability further improved with higher gross margin (14.1%,) and smaller loss ($1.4M) than]