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  SEC FILE NUMBER  
 
000-27377
 
     
  CUSIP NUMBER  
 
929251106
 
 
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 12b-25
NOTIFICATION OF LATE FILING
           
(Check one):   o   Form 10-K o   Form 20-F o   Form 11-K þ   Form 10-Q o   Form 10-D o   Form N-SAR o   Form N-CSR
 
         
 
  For Period Ended:   September 30, 2008
 
     
 
         
    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
W Holding Company, Inc.
 
Full Name of Registrant
 
Former Name if Applicable
19 West McKinley Street
 
Address of Principal Executive Office (Street and Number)
Mayaguez, Puerto Rico 00680
 
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)
           
o
    (a)   The reason 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 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.
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.
The delay is due to the need for additional time to complete W Holding Company, Inc.’s (the “Company”) previously announced restatement of the financial statements of the Company. As a result, the Company is unable to timely file its Quarterly Report on Form 10-Q for the period ended September 30, 2008, without unreasonable effort or expense.
     

 


 

 
PART IV — OTHER INFORMATION
(1)   Name and telephone number of person to contact in regard to this notification
         
Freddy Maldonado    (787)    834-8000 
(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  o      No  þ
 
The Registrant has yet to file its Quarterly Reports on Form 10-Q for the periods ended June 30, and September 30, 2007, and March 31, and June 30, 2008 and its Annual Report on Form 10-K for the year ended December 31, 2007.
(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  þ      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.
 
As previously reported on the Company’s Current Report on Form 8-K filed on June 25, 2007, the Company announced that it had determined that one of its largest asset-based loans (the “Inyx loan”) was impaired and that there was a significant collateral deficiency with respect to this loan.

In connection with its analysis of matters related to the Inyx loan impairment, management concluded that the annual audited financial statements for the fiscal years ended December 31, 2005 and 2006, as well as the previously filed interim unaudited financial statements for the fiscal quarters ended March 31, June 30, and September 30, 2006 and March 31, 2007, should no longer be relied upon and that the Company needed to restate these previously issued financial statements. The non-reliance and restatement was announced after management concluded that it was necessary to correct the accounting for the impact of adjustments resulting from impairment charges related to the Inyx loan over such periods. As a result of the previously announced restatement of prior financial statements, the Company anticipates a significant change in its results of operations for the three months ended September 30, 2007, which will be reflected in the statements of results of operations to be included in its Form 10-Q for the three months ended September 30, 2008. The Company is currently working expeditiously to conclude the restatement.

 
W Holding Company, 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 10, 2008   By   /s/ Norberto Rivera
 
           
 
          Name: Norberto Rivera
 
          Title: Chief Accounting Officer

 

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