6-K 1 form_6k.htm FORM 6-K Form 6-K

SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

 

FORM 6-K

REPORT OF ISSUER PURSUANT TO SECTION 13a-16 OR 15d-16
OF THE SECURITIES EXCHANGE ACT OF 1934

For the Month Ended Commission File Number
August, 2005 000-31645

BIRCH MOUNTAIN RESOURCES LTD.
(Exact name of the registrant as specified in its charter)

ALBERTA, CANADA (Jurisdiction of Incorporation or Organization)

SUITE 300, 250 - SIXTH AVENUE, S.W., CALGARY, ALBERTA, CANADA T2P 3H7
(Address of Principal Executive Offices)
Telephone (403) 262-1838

        Indicate by check mark whether the registrant files or will file annual reports under cover Form 20F- or Form 40-F.

 

FORM 20-F X

Form 40-F

        Indicate by check mark whether the registrant by furnishing the information contained in this Form is also thereby furnishing the information to the Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934.

  Yes _____________ No X

If "Yes" is marked, indicated below the file number assigned to the registrant in connection with Rule 12g3-2(b): N/A

 

Total Number of pages is 5

NEWS RELEASE

BIRCH MOUNTAIN RESOURCES LTD.

Birch Mountain Reports Results for the Second Quarter 2005 and Restated Results for the
Year Ended December 31, 2004 and the First Quarter 2005

CALGARY, August 3, 2005 - Birch Mountain Resources Ltd. (BMD: TSXV and AMEX) (the "Company") announces its second quarter results for the six months ended June 30, 2005 and restated results for the three months ended March 31, 2005 and for the year ended December 31, 2004.

CONSOLIDATED BALANCE SHEETS

ASSETS

June 30, 2005

March 31,

2005

RESTATED

March 31, 2005

December 31, 2004

RESTATED

December 31, 2004

Current

 

 

 

 

 

Cash and cash equivalents and short-term investments

$ 4,112,013

$ 4,523,361

$ 4,523,361

$ 5,444,270

$ 5,444,270

GST and other receivables

180,878

129,994

129,994

233,459

233,459

Prepaids and deposits

323,813

360,976

360,976

184,108

184,108

 

4,616,705

5,014,331

5,014,331

5,861,837

5,861,837

Property, plant and equipment

207,059

185,990

185,990

181,217

181,217

Mineral properties

5,306,228

4,235,705

4,235,705

3,489,369

3,489,369

Total Assets

$10,129,992

$ 9,436,026

$ 9,436,026

$ 9,532,423

$ 9,532,423

LIABILITIES AND SHAREHOLDERS' EQUITY

 

 

 

Liabilities

 

 

 

 

 

Current

 

 

 

 

 

Accounts payable and accrued liabilities

$ 576,601

$ 527,700

$ 527,700

$ 357,229

$ 357,229

Advances on share subscriptions

-

-

-

173,252

173,252

Deferred credit

50,306

50,306

50,306

50,306

50,306

Other current liabilities

2,500,000

2,500,000

-

2,500,000

-

 

3,126,907

3,078,006

578,006

3,080,787

580,787

Shareholders' equity

 

 

 

 

 

Share capital

10,980,121

9,399,454

11,599,454

8,761,876

8,501,576

Contributed surplus

1,185,985

1,023,978

1,023,978

338,569

338,569

Retained (deficit) earnings

(5,163,021)

(4,065,412)

(3,765,412)

(2,648,809)

111,491

 

7,003,085

6,358,020

6,657,020

6,451,636

8,951,636

Total Liabilities and Shareholders' Equity

$10,129,992

$ 9,436,026

$ 9,436,026

$ 9,532,423

$ 9,532,423

CONSOLIDATED STATEMENTS OF LOSS AND DEFICIT

 

Six Months Ended June 30, 2005

Three Months Ended March 31, 2005

RESTATED

Three Months Ended March 31, 2005

December 31, 2004

RESTATED

December 31, 2004

Expenses

 

 

 

 

 

Mineral exploration costs

$ 384,549

$ 220,692

$ 220,692

$ 762,371

$ 762,371

Professional fees

493,072

183,268

183,268

396,552

396,552

Shareholder services and promotion

364,280

172,101

172,101

329,993

329,993

Salaries and benefits

300,060

136,402

136,402

386,579

386,579

Office

208,891

91,829

91,829

683,316

383,316

Amortization

28,667

13,729

13,729

50,336

50,336

Stock-based compensation

784,283

624,370

624,370

246,127

246,127

Consulting

-

-

-

79,973

79,973

Loss before interest and other income

2,563,802

1,442,391

1,442,391

2,935,247

2,635,247

Interest and other income

49,590

25,788

25,788

48,190

48,190

Loss before income taxes

2,514,212

1,416,603

1,416,603

2,857,057

2,857,057

Income tax recovery

-

-

-

-

(1,363,000)

Net loss for the period

2,514,212

1,416,603

1,416,603

2,887,057

1,224,057

Deficit, beginning of period

(2,648,809)

(2,648,809)

(2,648,809)

(27,510,684)

(26,413,384)

Elimination of deficit

-

-

-

27,748,932

27,748,932

Retained (deficit) earnings, end of period

$ (5,163,021)

$ (4,065,412)

$ (4,065,412)

$ (2,648,809)

$ 111,491

Loss per share

 

 

 

 

 

Basic and diluted

$ (0.04)

$ (0.02)

$ (0.02)

$ (0.05)

$ (0.02)

June 30, 2005

The Company has filed its second quarter financial statements for the period ended June 30, 2005. The expenditures incurred by the Company plus amounts capitalized to mineral properties are largely related to activities required to receive final approval on its Muskeg Valley Quarry. As the Company has recently received its environmental approvals and expects to receive all necessary operating permits shortly, the third quarter is expected to report production from the quarry.

December 31, 2004 - Revisions

The Company has estimated and accrued a potential liability that was not previously recorded in the financial statements. The Company raised capital through flow through share issuances in 2002, 2003 and 2004, which provide for an indemnity to the subscriber for the additional taxes payable by such subscriber if Birch was unable to or failed to renounce the qualifying expenditures as agreed without limiting the recourse of the subscriber. The Company has applied for and filed all the necessary forms to qualify for and renounce flow through expenditures in 2002, 2003 and 2004. The accounting for and related tax balances as reported by the Company are subject to estimation based on the Company's tax filing position and any change in the tax filing position could expose the Company to additional taxes payable or indemnification of the subscribers. The Company has estimated and accrued a potential liability in the amount of $2,200,000.

This restatement has been applied retroactively. For the year ended December 31, 2004, $1,750,000 was recorded as in increase in current liabilities, $1,450,000 as an offsetting reduction in share capital for amounts related to flow through shares and $300,000 as an increase to office expenses for an estimated interest expense. For the year ended December 31, 2003, $750,000 was recorded as an accrued liability with an offsetting reduction in share capital for amounts related to flow through shares. In addition, the future income tax recovery recorded on the income statement was reclassified as an increase in share capital.

The cumulative effect of these changes on previously reported results for the year ended December 31, 2004 is an increase in current liabilities of $2,500,000 (from $580,787 to $3,080,787), a increase in share capital of $260,300 (from $8,501,576 to $8,761,876), an increase in the net loss of $1,663,000 (from $1,224,057 to $2,887,057) and a resulting decrease in retained earnings of $2,760,300 (from retained earnings of $111,491 to an accumulated deficit of $2,648,809). The cumulative effect of these changes on previously reported results for the year ended December 31, 2003 is an increase in current liabilities of $750,000 (from $148,786 to $898,786), an increase share capital of $347,300 (from $28,598,874 to $28,946,174), an increase in the net loss of $1,011,000 (from $557,435 to $1,568,435) and a resulting increase in accumulated deficit of $1,097,300 (from $26,413,384 to $27,510,684). The cumulative effect of these changes on previously reported results for the year ended December 31, 2002 is an increase in the net loss of $86,300 (from $1,809,950 to $1,896,250), an increase in share capital of $86,300, and a resulting increase in accumulated deficit of $86,300.

The revised financial statements also reflect additional disclosure on the accounting treatment for the restatement and an updated description of the Company's stock option plan in the Share Capital note.

March 31, 2005- Revisions

Based upon the restatement of the Company's December 31, 2004 financial statements, the balances of current liabilities, retained earnings and share capital as previously reported for the period ended March 31, 2005 have been revised. The revisions have increased current liabilities by $2,500,000 (from $578,006 to $3,078,006), decreased share capital by $2,200,000 (from $11,599,454 to $9,399,454) and increased retained earnings by $300,000 (from $3,765,412 to $4,065,412).

 

Based in Calgary, Alberta, Birch Mountain is developing its extensive mineral properties, centered in the oil sands area of northeastern Alberta. Limestone is used by the oil sands industry for roads, concrete and flue-gas scrubbing to remove impurities in air emissions and water, and is an essential part of the continuing development and operation of this industry.

FOR FURTHER INFORMATION, PLEASE CONTACT:

Douglas Rowe, President & CEO or

Hansine Ullberg, VP Finance & CFO

Birch Mountain Resources Ltd.

Tel 403.262.1838 Fax 403.263.9888

www.birchmountain.com

Forward Looking Statements: This news release contains certain forward-looking statements. All statements, other than statements of historical fact, included herein, including without limitation, statements regarding potential mineralization, resources and reserves, exploration results, research and development results, and the future plans and objectives of Birch Mountain are forward-looking statements that involve various risks and uncertainties. There can be no assurance that such statements will prove to be accurate and actual results and future events could differ materially from those anticipated in such statements. Important factors that could cause actual results to differ materially from Birch Mountain's expectations are disclosed elsewhere in documents that are available to the public at www.sedar.com and www.sec.gov.

The TSX Venture Exchange does not accept responsibility for the
adequacy or accuracy of this news release.

 

 

SIGNATURES

 

        Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, hereunto duly authorized.

August 3, 2005

 

BIRCH MOUNTAIN RESOURCES LTD.

 

 

 

 

 

 

"Hansine Ullberg"

 

Hansine Ullberg

 

Vice-President, Finance and Chief Financial Officer