NorthWest Biotherapeutics Inc (NWBO)

[mattpk]

Rule 12(b)(25) spells out what can be filed late without penalty (NWBO is beyond that now) and which information must be filed in part if the entire report cannot be filed. There is no rule under the 34 Act that provides any form of exception to the requirement to file. Of course some companies fail to do so for extended periods, but that usually triggers an SEC action to cancel the registration which is really game over.

The only circumstance I have ever seen where the SEC will allow non-filing to continue for an extended period of time without further action is in bankruptcy, but even then they require the monthly reports filed with the United States Office of the Trustee to be timely filed as an 8-K.

I would tend to agree with exwannabe's explanation that the merger with Flaskworks has triggered the requirement to produce two years of audited financials. Proforma information is required if that information would be material to an understanding of the registrant. The full requirements are contained in Regulation S-X.