UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549    FORM 12b-25   NOTIFICATION OF LATE FILING	OMB APPROVAL
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		SEC FILE NUMBER
		000-53875
		CUSIP NUMBER

 

(Check one):		Form 10-K o  Form 20-F o  Form 11-K x Form 10-Qo  Form 10-D o  Form N-SAR o  Form N-CSR
		For Period Ended:	September 30, 2015
		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

 

ECO BUILDING PRODUCTS, INC.

Full Name of Registrant

Former Name if Applicable

909 West Vista Way

Address of Principal Executive Office (Street and Number)

Vista, CA 92083

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, 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 of 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.

 

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 portion thereof, could not be filed within the prescribed time period.

 

ECO BUILDING PRODUCTS INC. (the “Registrant”) was unable, without unreasonable effort or expense, to file its Quarterly Report on Form 10-Q for the period ended September 30, 2015 (the “Quarterly Report”) by the November 16, 2015 filing date applicable to smaller reporting companies due to a delay experienced by the Registrant in completing its financial statements and other disclosures in the Quarterly Report. As a result, the Registrant is still in the process of compiling required information to complete the Quarterly Report and its independent registered public accounting firm requires additional time to complete its review of the financial statements for the period ended September 30, 2015 to be incorporated in the Quarterly Report. The Registrant anticipates that it will file the Quarterly Report no later than the fifth calendar day following the prescribed filing date.

 

SEC 1344 (04-09)

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 IV — OTHER INFORMATION

 

(1)		Name and telephone number of person to contact in regard to this notification
Tom Comery				(760)		732-5826
(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 ¨
		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.

 

Revenues from continuing operations were approximately $275,000 and $800,000 for the three months ended September 30, 2015 and 2014, respectively. The decline in revenue was due to the loss of a large unprofitable customer and discontinuance of a product line.

 

Operating expenses from continuing operations were approximately $521,000 and $1,430,000 for the three months ended September 30, 2015 and 2014, respectively. Operating expenses declined due to a reduction in head count and other cost reduction measures by management.

 

Operating loss from continuing operations (not including derivative, interest and other income and expenses) declined to approximately $675,000 from $1,129,000 for the three months ended September 30, 2015 and 2014, respectively.

 

NOTE: These dollar amounts and results of financials have not been finalized, are approximates and have not been reviewed by our independent accounting firm. Therefore, these dollar amounts are still subject to change.

 

 

ECO BUILDING PRODUCTS 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, 2015	By:	/s/ Tom Comery
		Tom Comery
		CEO