- Notification that Annual Report will be submitted late (NT 10-K)
March 31 2009 - 4:53PM
Edgar (US Regulatory)
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
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SEC
FILE NUMBER
000-52490
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FORM
12b-25
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CUSIP
NUMBER
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NOTIFICATION
OF LATE FILING
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(Check One):
ý
Form 10-K
¨
Form 20-F
¨
Form 11-K
o
Form 10-Q
¨
Form N-SAR
¨
Form N-CSR
For
Period Ended: December 31, 2008
¨
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: ___________________
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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Beyond Commerce,
Inc.
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Full Name of
Registrant
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Former
Name if Applicable
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9029
South Pecos, Suite 2800
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Address
of Principal Executive Office (Street and Number)
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Henderson, Nevada 89074
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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)
ý
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(a) 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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ý
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(b) The
subject annual report, semi-annual report, transition report on Form 10-K,
Form 20-F, 11-K, Form N-SAR, or 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
portion thereof will be filed on or before the fifth calendar day
following the prescribed due date; and
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¨
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(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 the reasons why Form 10-K, 20-F, 11-K, 10-Q, N-SAR,
or the transition report or portion thereof, could not be filed within the
prescribed time period.
Because
of the Company’s recent expansion of business and certain accounting issues
related to its derivative securities, the Company has not been able to complete
its financial statements by the Form 10-K filing
deadline. Accordingly, the Company requires additional time to
complete its Form 10-K.
PART
IV-- OTHER INFORMATION
(1) Name
and telephone number of person to contact in regard to this
notification
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Mark Noffke
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(702)
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463-7000
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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).
ý
Yes
¨
No
(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?
ý
Yes
o
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
have increased from $94,000 for the fiscal year ended December 31, 2007 to
approximately $1,843,000 for the fiscal year ended December 31,
2008. However, net loss increased from $4,973,000 in fiscal 2007 to a
net loss of approximately $12,000,000 in fiscal 2008.
Approximately
$4,000,000 of the net loss is expected to be the result of accounting
adjustments related to derivate securities.
________________________________________________________________________
Beyond
Commerce,
Inc.
(Name
of Registrant as Specified in Charter)
has
caused this notification to be signed on its behalf by the undersigned hereunto
duly authorized.
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Date: March
31, 2009
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By:
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/s/
Mark
Noffke
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Mark
Noffke, Chief Financial Officer
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INSTRUCTION:
The form may be signed by an executive officer of the registrant of 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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