UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 12B-25
NOTIFICATION OF LATE FILING
(Check One): X Form 10-K Form 11-K Form 20-F Form 10-Q Form N-SAR
For Period Ended: December 31, 1996
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.
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
Certificates of Participation
BK I Realty Inc.
BK III Restaurants Inc.
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Full Name of Registrant
N.A.
------------------------
Former Name if Applicable
3 World Financial Center, 29th Flr., NY, NY 10285 Attn: Andre Anderson
- -----------------------------------------------------------------------
Address of Principal Executive Officer (Street and Number)
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)
| (a) The reasons described in reasonable detail in Part III of this
| form could not be eliminated without unreasonable effort or
| expense;
| (b) The subject annual report or semi-annual report/portion thereof
X | will be filed on or before the fifteenth calendar day following
| the prescribed due date; or the subject quarterly report/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 the reasons why the Form 10-K, 11-K, 20-F,
10-Q or N-SAR or portion thereof, could not be filed within the prescribed time
period.
Additional time is needed to complete the Registrant's Form 10-K for
the year ended December 31, 1996, in order to appropriately respond to
comments included in the Securities and Exchange Commission's (the
"SEC") letter dated January 30, 1997, which was received by the
Registrant on March 13, 1997. Although the SEC's letter is based on a
review of the Registrant's Form 10-K for the prior year ended December
31, 1995, there are a number of issues which effect the current
filing. The Registrant is in the process of responding to these
issues and has had a number of conversations with the appropriate SEC
personnel. However, there are still a number of unresolved issues and
we therefore respectfully request additional time to file the
Registrant's Form 10-K for the year ended December 31, 1996, so that
these issues may be resolved.
PART IV - OTHER INFORMATION
(1) Name and telephone number of person to contact in regard to this
notification
Malachy J. Duffy Jr. (617) 573-1087
(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 reports) been filed? If
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? 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.
Yes X No
Certificates of Participation
BK I Realty Inc.
BK III Restaurants 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: March 31, 1997 By: /s/Rocco F. Andriola
Rocco F. Andriola
Director, President and
Chief Financial Officer
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. It
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.
ATTENTION
Intentional misstatements or omissions of fact constitute Federal Criminal
Violations (See 18 U.S.C. 1001).
GENERAL INSTRUCTIONS
1. This form is required by Rule 12b-25 (17 CFR 240.12b-25) of the General
Rules and Regulations under the Securities Exchange Act of 1934.
2. One signed original and four conformed copies of this Form and amendments
thereto must be completed and filed with the Securities and Exchange
Commission, Washington, D.C. 20549, in accordance with Rule 0-3 of the
General Rules and Regulations under the Act. The information contained in
or filed with the Form will be made a matter of public record in the
Commission files.
3. A manually signed copy of the form and amendments thereto shall be filed
with each national securities exchange on which any class of securities of
the registrant is registered.
4. Amendments to the notifications must also be filed on Form 12b-25 but need
not restate information that has been correctly furnished. The Form shall
be clearly identified as an amendment notification.
