UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

FORM 12b-25

 

NOTIFICATION OF LATE FILING


 

 

OMB APPROVAL

 

OMB Number:

3235-0058  

Expires:

April 30, 2007  

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per response

2.50  

 

 

 

 

 

SEC FILE NUMBER

333-133936

 

CUSIP NUMBER

92845kld

 

 

 

 

 

 

 

(Check one):

o Form 10-K

o Form 20-F

o Form 11-K

x Form 10-Q

o Form 10-D

 

o Form N-SAR

o Form N-CSR

 

 

 


 

 

 

 

For Period Ended: September 30, 2009

 

o

Transition Report on Form 10-K

 

o

Transition Report on Form 20-F

 

o

Transition Report on Form 11-K

 

o

Transition Report on Form 10-Q

 

o

Transition Report on Form N-SAR

 

For the Transition Period Ended: ____________________________________________________________


 

Read Instruction (on back page) Before Preparing Form. Please Print or Type.
Nothing in this form shall be construed to imply that the Commission has verified any information contained herein.

 

If the notification relates to a portion of the filing checked above, identify the Item(s) to which the notification relates:

 

 

PART I — REGISTRANT INFORMATION

 

Visual Management Systems, Inc.

 

Full Name of Registrant

 

N/A

 

Former Name if Applicable

 

1000 Industrial Way North, Suite C

 

Address of Principal Executive Office (Street and Number)

 

Toms River, New Jersey 08753

 

City, State and Zip Code

 

PART II — RULES 12b-25(b) AND (c)

 

If the subject report could not be filed without unreasonable effort or expense and the registrant seeks relief pursuant to Rule 12b-25(b), the following should be completed. (Check box if appropriate)


 

 

 

 

 

 

(a)

The reason described in reasonable detail in Part III of this form could not be eliminated without unreasonable effort or expense

 

 

 

 

x

 

(b)

The subject annual report, semi-annual report, transition report on Form 10-K, Form 20-F, Form 11-K, Form N-SAR or Form N-CSR, or portion thereof, will be filed on or before the fifteenth calendar day following the prescribed due date; or the subject quarterly report or transition report on Form 10-Q or subject distribution report on Form 10-D, or portion thereof, will be filed on or before the fifth calendar day following the prescribed due date; and

 

 

 

 

 

 

(c)

The accountant’s statement or other exhibit required by Rule 12b-25(c) has been attached if applicable.


 

 

SEC 1344 (03-05)

Persons who are to respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number.


(Attach extra Sheets if Needed)

PART III — NARRATIVE

State below in reasonable detail why Forms 10-K, 20-F, 11-K, 10-Q,10-D, N-SAR, N-CSR, or the transition report or portion thereof, could not be filed within the prescribed time period.

Visual Management Systems, Inc. is finalizing the accounting with respect to the period covered by the report. As a result, the Form 10-Q cannot be filed on November 16, 2009, without unreasonable effort and expense.

PART IV — OTHER INFORMATION

 

 

(1)

Name and telephone number of person to contact in regard to this notification


 

 

 

 

 

James D. Gardner

 

(732)

 

281-1355

(Name)

 

(Area Code)

 

(Telephone Number)


 

 

(2)

Have all other periodic reports required under Section 13 or 15(d) of the Securities Exchange Act of 1934 or Section 30 of the Investment Company Act of 1940 during the preceding 12 months or for such shorter period that the registrant was required to file such report(s) been filed ? If answer is no, identify report(s). Yes x No o

 

 

 

 

 

(3)

Is it anticipated that any significant change in results of operations from the corresponding period for the last fiscal year will be reflected by the earnings statements to be included in the subject report or portion thereof ? Yes x No o

 

 

 

If so, attach an explanation of the anticipated change, both narratively and quantitatively, and, if appropriate, state the reasons why a reasonable estimate of the results cannot be made.

 

 

 

Visual Management Systems, Inc.
(Name of Registrant as Specified in Charter)

has caused this notification to be signed on its behalf by the undersigned hereunto duly authorized.

 

 

 

 

 

Date:

November 16, 2009

 

By:

/s/ James D. Gardner

 

 

 

 

 

 

 

James D. Gardner, Chief Financial Officer

INSTRUCTION: The form may be signed by an executive officer of the registrant or by any other duly authorized representative. The name and title of the person signing the form shall be typed or printed beneath the signature. If the statement is signed on behalf of the registrant by an authorized representative (other than an executive officer), evidence of the representative’s authority to sign on behalf of the registrant shall be filed with the form.

 

ATTENTION

Intentional misstatements or omissions of fact constitute Federal Criminal Violations (See 18 U.S.C. 1001).

2

Attachment A

          The registrant expects to report a net loss of approximately $774,000 and $2,663,000 for the three and nine month periods ended September 30, 2009, respectively, compared to a net loss of $1,122,110 and $4,785,053 for the three and nine months ended September 30, 2008, respectively.

3