- Notification that Annual Report will be submitted late (NT 10-K)
01 4월 2009 - 5:08AM
Edgar (US Regulatory)
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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 12b-25
NOTIFICATION OF LATE FILING
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Commission File Number:
000-30063
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CUSIP NO.:
04315D 40 0
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(Check
one):
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x
Form 10-K
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o
Form 20-F
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o
Form 11-K
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o
Form 10-Q
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o
Form 10-D
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o
Form N-SAR
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o
Form N-CSR
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For Period
Ended:
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December 31, 2008
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o
Transition Report on Form 10-K
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o
Transition Report on Form 20-F
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o
Transition Report on Form 11-K
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o
Transition Report on Form 10-Q
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o
Transition Report on Form N-SAR
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For the
Transition Period Ended:
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Read Instructions (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:
PART I REGISTRANT INFORMATION
ARTISTdirect,
Inc.
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Full Name of
Registrant
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N/A
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Former Name if
Applicable
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1601
Cloverfield Boulevard, Suite 400 South
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Address of
Principal Executive Office
(Street and
Number)
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Santa
Monica, California 90404-4082
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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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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 accountants
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
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K, 20
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F, 11
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K, 10
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Q, 10
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D, N
-
SAR, N
-
CSR, or the transition
report or
portion
thereof, could not be filed within the prescribed time period.
Due to various factors, including the Companys debt
restructuring effective January 30, 2009 (which was previously reported on a
Form 8-K filed with the Securities and Exchange Commission on February 4, 2009),
the Company has incurred a delay in assembling the information required to be
included in its Annual Report on Form 10-K for the fiscal year ended December
31, 2008 (the Form 10-K). The Company intends to file the Form 10-K
with the Securities and Exchange Commission no later than 15 calendar days
following the prescribed due date.
SEC 1344 (03-05)
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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.
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(Attach extra
Sheets if Needed)
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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Rene Rousselet
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(310)
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956-3300
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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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x
Yes
o
No
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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?
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x
Yes
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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.
During the nine
months ended September 30, 2008, the Company recorded a charge to operations
to reflect the write-off of goodwill of $31,085,000, which will be reflected
in the statement of operations for the year ended December 31, 2008. The Company also experienced a substantial
decrease in revenues and gross profit, and a commensurate increase in loss
from operations, in 2008 as compared to 2007.
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ARTISTDIRECT, 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:
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March
31, 2009
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By:
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/s/
RENE ROUSSELET
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Rene Rousselet
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Chief Accounting
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 representatives authority to sign on
behalf of the registrant shall be filed with the form.
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ATTENTION
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Intentional misstatements or
omissions of fact constitute Federal Criminal Violations (See 18 U.S.C. 1001).
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Artist Direct (CE) (USOTC:ARTD)
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