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----------------- OMB APPROVAL ----------------- UNITED STATES OMB Number: 3235-0058 SECURITIES AND EXCHANGE COMMISSION Expires:January 31, 2002 Washington, D.C. 20549 Estimated average burden hours per response . . . . 2.50 ----------------- FORM 12b-25 ----------------- SEC FILE NUMBER NOTIFICATION OF LATE FILING ----------------- ----------------- (Check One): CUSIP NUMBER Form 10-K Form 20-F Form X Form Form 11-K 10-Q N-SAR ----------------- For Period September 30, 2000 Ended:
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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.
If the notification relates to a portion of the filing checked above, identify the Item(s) to which the notification relates:
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, semi-annual report, X transition report on Form 10-K, Form 20-F, 11-K or Form N-SAR, or portion thereof, will be filed on or before the fifteenth calendar day following the prescribed due date; or the subject quarterly report of 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 (c) The accountant's statement or other exhibit required by Rule 12b-25(c) has been attached if applicable.
State below in reasonable detail the reasons why Forms 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.
The officer responsible for filing the Quarterly Report on Form 10-Q for the period ended September 30, 2000 miscalculated the deadline for filing as November 15, 2000. By the time the error was recognized, the deadline had passed to file timely. As a result, the Registrant was unable to file its Form 10-Q on November 14, 2000, the filing due date. The Registrant did file it's form 10-Q within 24 hours, such that it had a filing date of November 15, 2000.
(Attach Extra Sheets if Needed) Potential persons who are to respond to the collection of information SEC 1344 (6/94) contained in this form are not required to respond unless the form displays a currently valid OMB control number.
(1) Name and telephone number of person to contact in regard to this notification D. Scott Houston (805) 897-2248 ---------------------------------------- ---------------------- ----------------- (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 report(s) 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? 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.
EarthShell Corporation --------------------------------------------------------- (Name of Registrant as Specified in Charter) has caused this notification to be signed on its behalf by the undersigned hereunto duly authorized. Datee November 15, 2000 By /s/ D. Scott Houston ---------------------------------------- ------------------------------------------- D. Scott Houston, 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. 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.
Intentional misstatements or omissions of fact constitute Federal Criminal Violations (See 18 U.S.C. 1001).
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