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Wednesday, November 16, 2011 11:53:46 AM
If an SEC registrant cannot file a periodic report (such as a Form 10-K, a Form 10-Q or Form 20-F) on time it must file a Form 12b-25 “Notification of Late Filing” (designated as an NT 10-K or NT 10-Q on EDGAR) pursuant to Rule 12b-25 to disclose the inability to file on time and the reason for the delay. Note that Note that Form 12b-25 is not available for current reports on Form 8-K.
Under Rule 12b-25, the company’s periodic report will be deemed to be filed on its due date if:
1) the Form 12b-25 is filed timely;
2) the Form 12b-25 discloses the reasons for the late periodic report;
3} the company indicates in the Form 12b-25 that the reasons could not be eliminated without unreasonable effort or expense;
4) the company represents in the Form 12b-25 that the periodic report will be filed no later than the fifth calendar day following the due date (for a Form 10-Q) or the 15th calendar day following the due date (for a Form 10-K or 20-F);
5) and the periodic report is actually filed within that time period.
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