=============================================================================== SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): June 12, 2003 BioMarin Pharmaceutical Inc. (Exact name of registrant as specified in its charter) Delaware 000-26727 68-0397820 (State or other jurisdiction of (Commission (IRS Employer incorporation or organization) File Number) Identification No.) 371 Bel Marin Keys Boulevard, Suite 210, Novato, California 94949 (Address of principal executive offices) (Zip Code) Registrant's telephone number, including area code: (415) 884-6700 Not Applicable ----------------------------------------- (Former name or former address, if changed since last report) =============================================================================== Item 5. Other Events. On June 12, 2003, the stockholders of BioMarin Pharmaceutical Inc. (the "Registrant") approved an amendment to the Registrant's Amended and Restated Certificate of Incorporation, as previously modified, increasing the number of authorized shares of common stock of the Registrant from 75,000,000 to 150,000,000. The Certificate of Amendment was filed on June 12, 2003 with the Delaware Secretary of State. The complete Amended and Restated Certificate of Incorporation of the Registrant, as modified and amended, is attached hereto as Exhibit 3.1. Item 7. Financial Statements, Pro Forma Financial Statements and Exhibits. (a) Financial Statements of Business Acquired. Not Applicable. (b) Pro Forma Financial Information. Not Applicable. (c) Exhibits. Exhibit 3.1 Amended and Restated Certificate of Incorporation, as modified and amended. SIGNATURE 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. BioMarin Pharmaceutical Inc., a Delaware corporation Date: June 20, 2003 By: /s/ Louis Drapeau ----------------- Louis Drapeau Chief Financial Officer EXHIBIT INDEX Exhibit No. Description Exhibit 3.1 Amended and Restated Certificate of Incorporation, as modified and amended.