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SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549
FORM 12b-25
NOTIFICATION OF LATE FILING
Commission File Number 1-8207
(Check one)
[ ] Form 10-K and Form 10-KSB [ X ] Form 11-K
[ ] Form 20-F [ ] Form 10-Q and Form 10-QSB [ ] Form N-SAR
For period ended December 31, 1999
[ ] Transition Report on Form 10-K and Form 10-KSB
[ ] Transition Report on Form 20-F
[ ] Transition Report on Form 11-K
[ ] Transition Report on Form 10-Q and Form 10-QSB
[ ] Transition Report on Form N-SAR
For the transition period ended ________________________________________________
READ ATTACHED INSTRUCTION SHEET 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:
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PART I
REGISTRANT INFORMATION
Full name of registrant: The Maintenance Warehouse FutureBuilder
Former name if applicable:
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Address of principal executive office (STREET AND NUMBER):
2455 Paces Ferry Road, N.W.
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City, state and zip code: Atlanta, Georgia 30339
PART II
RULE 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.)
[ X ] (a) The reasons described in reasonable detail in Part III of this form
could not be eliminated without unreasonable effort or expense;
[ X ] (b) The subject annual report, semi-annual report, transition report on
Form 10-K, 10-KSB, 20-F, 11-K or Form N-SAR, or portion thereof
will be filed on or before the 15th calendar day following the
prescribed due date; or the subject quarterly report or transition
report on Form 10-Q, 10-QSB, or portion thereof will be filed on or
before the fifth calendar day following the prescribed due date; and
[ X ] (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 the reasons why Form 10-K, 10-KSB, 11-K,
20-F, 10-Q, 10-QSB, N-SAR or the transition report portion thereof could not be
filed within the prescribed time period. (Attach extra sheets if needed.)
The registrant has been informed by its independent auditors, KPMG LLP
("KPMG") that KPMG will be unable to furnish its report on the financial
statements of The Maintenance Warehouse FutureBuilder before the date on which
the registrant is required to file the Form 11-K for the Plan for the year ended
December 31, 1999. During such year, the assets of the Maintenance Warehouse
FutureBuilder were combined with the assets of The Home Depot FutureBuilder
pursuant to a master trust agreement. Each plan requires separate financial
statements; therefore, the assets, liabilities, and activity for each of these
plans had to be separated from the consolidated statements. The Maintenance
Warehouse FutureBuilder did not receive records from its custodian in a timely
manner to complete the allocation of activity as described above.
PART IV
OTHER INFORMATION
(1) Name and telephone number of person to contact in regard to this
notification.
Kelly R. Caffarelli 770-384-2858
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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 the answer is
no, identify report(s).
[ X ] 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?
[ ] Yes [ X ] 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.
The Home Depot FutureBuilder
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(Name of Registrant as Specified in Charter)
has caused this notification to be signed on its behalf by the undersigned
thereunto duly authorized.
Date: June 28, 2000 By: /s/ Lawrence A. Smith
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Name: Lawrence A. Smith
Title: Member, Administrative Committee
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The Home Depot, Inc. June 28, 2000
Atlanta, GA
Ladies & Gentlemen,
Pursuant to Rule 12b-25 of the General Rules and Regulations under the
Securities Exchange Act of 1934, we inform you that we have been furnished a
copy of Form 12b-25 to be filed by The Maintenance Warehouse FutureBuilder on or
about June 28, 2000, which contains notification of the registrant's inability
to file its Form 11-K by June 28, 2000. We have read the Company's statements
contained in Part III therein and we agree with the stated reasons as to why we
have been unable to complete our audit and report on the financial statements
for the year ended December 31, 1999, to be included in Form 11-K.
Very truly yours,
/signed/ KPMG LLP