UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

 

FORM 12b-25

 

NOTIFICATION OF LATE FILING

 

 

SEC FILE NUMBER 000-52904

CUSIP NUMBER 049838 204

 

 

(Check One): ¨ Form 10-K ¨ Form 11-K ¨ Form 20-F x Form 10-Q ¨ Form N-SAR

 

For Period Ended: September 30, 2014

 

¨ Transition Report on Form 10-K

 

¨ Transition Report on Form 20-F

 

¨ Transition Report on Form 11-K

 

¨ Transition Report on Form 10-Q

 

¨ Transition Report on Form N-SAR

 

For the Transition Period Ended:

 

PART I -- REGISTRANT INFORMATION

 

ATTITUDE DRINKS INCORPORATED

Full Name of Registrant

 

Former Name if Applicable

 

712 U.S. Highway 1, Suite 200

Address of Principal Executive Office (Street and Number)

 

North Palm Beach, Florida 33408

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.)

 

x	(a)	The reasons described in reasonable detail in Part III of this form could not be eliminated without unreasonable effort or expense;
	(b)	The subject annual report, semi-annual report, transition report on Form 10-K, Form 20-F, Form 11-K or Form N-SAR, or portion thereof, will be filed on or before the 15th calendar day following the prescribed due date or the subject quarterly report or transition report on Form 10-Q, 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.

 

 

 

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PART III -- NARRATIVE

 

State below in reasonable detail why the Form 10-K, 11-K, 20-F 10-Q, N-SAR or the transition report portion thereof could not be filed within the prescribed time period. (Attach extra sheets if needed.)

 

The Registrant filed a Form 8-K on July 14, 2014 stating that due to a delayed financing, the Company was not able to complete the annual audit of its operations and filing of the Form 10-K for the year ended March 31, 2014 as well as the completion and filing of the Form 10-Q for the three months ended June 30, 2014. In addition, we are not able to file the Form 10-Q for the six months ended September 30, 2014. The Company is working on that financing and anticipates work efforts to begin in late November, 2014 and early December, 2014 in order to complete the annual audit and ultimately file the Form 10-K for March 31, 2014, the Form 10-Q for June 30, 2014 and the Form 10-Q for September 30, 2014 as soon as possible.

 

PART IV -- OTHER INFORMATION

 

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

 

Tommy E. Kee		(561) 227-2727
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 the answer is no, identify report(s).

 

¨ Yes x No

 

Delayed financing has not allowed the Company to complete and file the Form 10-K for March 31, 2014

 

(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

 

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.

 

 

 

ATTITUDE DRINKS INCORPORATED

(Name of Registrant as Specified in Charter)

 

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

 

Date: November 14, 2014

 

 

By: /s/ Tommy E. Kee

Name: Tommy E. Kee

Title: Chief Financial Officer and Principal Accounting Officer