Notification That Annual Report Will Be Submitted Late (ntn 10k)
April 13 2016 - 4:53PM
Edgar (US Regulatory)
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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FORM 12b-25
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SEC
FILE NUMBER
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0001283843
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NOTIFICATION OF LATE FILING
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CUSIPNUMBER
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29101U407
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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, 2015
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Transition
Report on Form 10-K
o
Transition
Report on Form 20-F
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Transition
Report on Form 11-K
o
Transition
Report on Form 10-Q
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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.
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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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Skystar Bio-Pharmaceutical Company
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Full Name of Registrant
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Former Name if Applicable
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4/F Building B Chuangye Square, No. 48 Keji Road
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Address of Principal Executive Office
(Street and Number)
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Gaoxin District, Xi’an, Shaanxi Province, P.R.
China
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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 reason described in reasonable
detail in Part III of this form could not be eliminated without unreasonable effort or expense
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¨
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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.
The Registrant’s
Annual Report on Form 10-K for the fiscal year ended December 31, 2015 cannot be filed within the prescribed time period because
(i) the Registrant has not yet filed an Annual Report on Form 10-K for the period ended December 31, 2014, and (ii) the Registrant’s
former auditor, Crowe Horwath (HK) CPA Limited (“Crowe”) terminated its relationship with the Company on March 31,
2016 and advised the Registrant that it was recalling its Auditor Reports dated April 1, 2013 and March 31, 2014 and that such
reports should no longer be associated with the financial statements for the fiscal years ended December 31, 2012 and 2013. Although
the Registrant engaged Wei Wei & Co., LLP as its auditor on April 6, 2016, Crowe’s resignation and recall of its reports
will lead to additional delays in the preparation of the Registrant’s financial statements. Please see the Registrant’s
8-K dated March 31, 2016 for information about Crowe’s resignation and Wei’s appointment
PART IV
OTHER INFORMATION
(1)
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Name and telephone number of person to contact in regard to this notification
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Scott Cramer
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(407)
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645-4433
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(Name)
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(Area Code)
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(Telephone Number)
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(2)
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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).
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Annual
Report on Form 10-K for the period ended December 31, 2014.
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Quarterly
Report on Form 10-Q for the period ended March 31, 2015.
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Quarterly
Report on Form 10-Q for the period ended June 30, 2015.
Yes
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No
x
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Quarterly
Report on Form 10-Q for the period ended September 30, 2015.
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(3)
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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
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.
Since 2014, the Registrant extended payment terms to its
distributors that are responsible for collecting payments from the
Registrant’s customers. As a result, the Registrant
expects that its restricted and unrestricted cash will decrease by approximately
$7 million as of December 31, 2015 as compared to the same
period of the last fiscal year.
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Skystar
Bio-Pharmaceutical Company
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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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April 13, 2016
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By.
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Weibing Lu
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Name: Weibing Lu
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Title: Chief Executive Officer
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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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Intentional
misstatements or omissions of fact constitute Federal Criminal Violations (See 18 U.S.C. 1001).