UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
FORM
12b-25
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OMB
APPROVAL
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OMB
Number: 3235-0058
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Expires: August
31, 2009
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Estimated
average burden hours per response. .
.2.50
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NOTIFICATION
OF LATE FILING
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SEC
FILE NUMBER
0-25779
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CUSIP
NUMBER
88368Q103
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(Check
One):
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x
Form
10-K
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¨
¨
Form
20-F
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¨
Form
11-K
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¨
Form
10-Q
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¨
Form
10D
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¨
Form
N-SAR
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¨
Form
N-CSR
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For
Period Ended:
December 31,
2009
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¨
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: ___________________
Read
Instruction (on back page) Before Preparing Form. Please Print
or Type.
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Nothing
in this form shall be construed to imply that the Commission has verified
any information contained herein.
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If
the notification relates to a portion of the filing checked above,
identify the Item(s) to which the notification relates:
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PART
I - REGISTRANT INFORMATION
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TheStreet.com, Inc.
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Full
Name of Registrant
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Former
Name if Applicable
14 Wall Street, 15
th
Floor
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Address
of Principal Executive Office (Street and Number)
New York, New York 10005
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City,
State and Zip Code
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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.)
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(a)
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The
reasons described in reasonable detail in Part III of this form could not
be eliminated without unreasonable effort or expense;
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x
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(b)
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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
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(c)
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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 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.
As a
result of the need for the Company and its independent registered public
accounting firm to focus attention on matters related to the Company's
previously-announced review of the accounting in its former Promotions.com
subsidiary, which subsidiary the Company sold in December 2009 -- including
matters related to the preparation and filing by the Company in February 2010 of
a Form 10-K/A for the year ended December 31, 2008, a Form 10-Q/A for the
quarter ended March 31, 2009 and Forms 10-Q for the quarters ended June 30, 2009
and September 30, 2009, respectively, and matters related to an investigation
commenced by Securities and Exchange Commission in March 2010 -- the Company
requires additional time to prepare its financial statements, assess
its internal controls and file its Form 10-K for the year ended December 31,
2009 ("2009 Form 10-K"). The Company expects that it will be able to
file its 2009 Form 10-K on or before the fifteenth calendar day following the
prescribed due date.
PART IV -
OTHER INFORMATION
(1) Name
and telephone number of person to contact in regard to this
notification
Gregory Barton
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212
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321-5484
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(Name)
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(Area
Code)
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(Telephone
Number)
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(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).
x
Yes
¨
No
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(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?
x
Yes
¨
No
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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.
On
March 15, 2010, the Company announced its results of operations for the
fourth quarter and year ended December 31, 2009, a copy of which
announcement is attached as Exhibit 1 hereto (the “Earnings
Release”). The Company believes that its results of operations
that will be included in its 2009 Form 10-K will not be materially
different from the results reflected in the Earnings Release.
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TheStreet.com, Inc.
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(Name
of Registrant as Specified in Charter)
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has
caused this notification to be signed on its behalf by the undersigned
hereunto duly authorized.
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Date
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March 17, 2010
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By
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/s/ Gregory Barton
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Name:
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Gregory
Barton
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Title:
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Executive
Vice President, Business and Legal Affairs, General Counsel and
Secretary
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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.
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ATTENTION
Intentional
misstatements or omissions of fact constitute Federal Criminal Violations
(See 18 U.S.C. 1001).
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