-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, BFOX5So9fq1Ol/Ry7kdqDa1Flhyq5DH6IBdxSBea5CpC28batze4SHZ0bxiC0cOl 3N5O0cTNq8vpkY9+irFngw== 0000950134-03-004865.txt : 20030328 0000950134-03-004865.hdr.sgml : 20030328 20030328165432 ACCESSION NUMBER: 0000950134-03-004865 CONFORMED SUBMISSION TYPE: NT 10-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20021229 FILED AS OF DATE: 20030328 EFFECTIVENESS DATE: 20030328 FILER: COMPANY DATA: COMPANY CONFORMED NAME: FAMOUS DAVES OF AMERICA INC CENTRAL INDEX KEY: 0001021270 STANDARD INDUSTRIAL CLASSIFICATION: RETAIL-EATING PLACES [5812] IRS NUMBER: 411782300 STATE OF INCORPORATION: MN FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: NT 10-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-21625 FILM NUMBER: 03625940 BUSINESS ADDRESS: STREET 1: 7657 ANAGRAM DR CITY: EDEN PRAIRIE STATE: MN ZIP: 55344 BUSINESS PHONE: 612-557-57 MAIL ADDRESS: STREET 1: 7657 ANAGRAM DR CITY: EDEN PRAIRIE STATE: MN ZIP: 55344 NT 10-K 1 c75666ntnt10vk.txt NOTIFICATION OF LATE FILING FORM 10-K SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 12b-25 Commission File Number: 0-21625 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 29, 2002 [ ] Transition Report on Form 10-K [ ] Transition Report on Form 10-Q [ ] Transition Report on Form 20-F [ ] Transition Report on Form N-SAR [ ] Transition Report on Form 11-K For the Transition Period Ended: ____________________________ 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: Item 15(d) - Financial Statements of 50% or Less Owned Person PART I REGISTRANT INFORMATION Full name of registrant: Famous Dave's of America, Inc. Former name if applicable:____________________________________ Address of principal executive office (Street and number): 8091 Wallace Road, Eden Prairie, MN 55344 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.) (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, 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, or portion thereof will be filed on or before the -1- 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 Form 10-K, 11-K, 20-F, 10-Q, N-SAR or the transition report portion thereof could not be filed within the prescribed time period. (Attach extra sheets if needed.) Pursuant to Rule 3-09 of Regulation S-X, the Registrant is required to file separate audited financial statements of FUMUME, LLC, a Delaware limited liability company (and its consolidated subsidiaries) in which the Registrant owned a 40% interest in 2002, because the equity of the Registrant in the income (losses) from the continuing operations (before taxes extraordinary items and cumulative effect of a change in accounting principles) of FUMUME, LLC exceeded 20% of such income (losses) of the Registrant and its subsidiaries consolidated for the fiscal year ending December 29, 2002. During the first quarter of 2003, the Registrant negotiated and consummated the disposition of its interests in FUMUME, LLC. Following this disposition transaction, FUMUME, LLC experienced changes in management that included changes in the personnel responsible for FUMUME, LLC's accounting function. As a result, the Registrant has been unable to compile the information required in order to complete the audited financial statements of FUMUME, LLC required under Item 15(d) of Form 10-K within the prescribed time period without unreasonable effort or expense. The Registrant believes that the results of the audit of will not have material impact on the Registrant's financial results for the fiscal year ending December 29, 2002. PART IV OTHER INFORMATION (1) Name and telephone number of person to contact in regard to this notification: William M. Mower, Esq. (612) 672-8358 - -------------------------------------------------------------------- (Name) (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 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. -2- Famous Dave's of America, Inc. ---------------------------------------------------- (Name of Registrant as Specified in Charter) Has caused this notification to be signed on its behalf by the undersigned thereunto duly authorized. Date: March 28, 2003 By: /s/ Kenneth J. Stanecki ------------------------------ Kenneth J.Stanecki Chief Financial Officer -3- -----END PRIVACY-ENHANCED MESSAGE-----