-----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, NZ0rgmZXw9/YTd0l4LbYaPTghUNo6Yv+aUDSjWyaP79zCACIn2Y+tLA2vVec/L5N Q47DzUv0gn/IcnG/w+B6Hg== 0001079974-04-000198.txt : 20041229 0001079974-04-000198.hdr.sgml : 20041229 20041229153911 ACCESSION NUMBER: 0001079974-04-000198 CONFORMED SUBMISSION TYPE: NT 10-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20040930 FILED AS OF DATE: 20041229 DATE AS OF CHANGE: 20041229 EFFECTIVENESS DATE: 20041229 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ADVANCED NUTRACEUTICALS INC/TX CENTRAL INDEX KEY: 0000913614 STANDARD INDUSTRIAL CLASSIFICATION: WHOLESALE-DRUGS PROPRIETARIES & DRUGGISTS' SUNDRIES [5122] IRS NUMBER: 760642336 STATE OF INCORPORATION: TX FISCAL YEAR END: 0930 FILING VALUES: FORM TYPE: NT 10-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-26362 FILM NUMBER: 041231067 BUSINESS ADDRESS: STREET 1: 106 SOUTH UNIVERSITY BLVD. STREET 2: UNIT 14 CITY: DENVER STATE: CO ZIP: 80209 BUSINESS PHONE: 303-722-4008 MAIL ADDRESS: STREET 1: 106 SOUTH UNIVERSITY BLVD. STREET 2: UNIT 14 CITY: DENVER STATE: CO ZIP: 80209 FORMER COMPANY: FORMER CONFORMED NAME: NUTRITION FOR LIFE INTERNATIONAL INC DATE OF NAME CHANGE: 19931018 NT 10-K 1 ani12b25_12292004.txt FORM 12B25 United States Securities and Exchange Commission Form 12b-25 SEC File No. 000-26362 CUSIP 000760Q201 NOTIFICATION OF LATE FILING (Check One): [X] Form 10-K and Form 10-KSB; ___ Form 20-F; ___ Form 11-K; ___ Form 10-Q and Form 10-QSB; ___ Form N-SAR For Period Ended: September 30, 2004 _ Transition report on Form 10-K _ Transition Report on Form 20-F _ Transition Report on Form 11-K _ Transition Report on Form 10-Q _ Transition Report on Form N-SAR For the Transition Period Ended: _________________ 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 Advanced Nutraceuticals, Inc. - ---------------------------------------------------------------------- Full Name of Registrant N/A - ---------------------------------------------------------------------- Former Name if Applicable 106 South University Blvd., Unit 14 Denver, CO 80209 - ---------------------------------------------------------------------- Address of Principal Executive Office (Street and Number) City, State and Zip Code 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, semi-annual report, transition X report on Form 10-K, Form 20-F, Form 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 or transition report on Form 10-Q, or portion thereof, will be filed on or before the 5th calendar day after 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 Forms 10-K, 20-F, 10-Q, N-SAR, or the transition report or portion thereof, could not be filed within the prescribed time period. Because of delays in processing certain accounting documents, the Registrant's Report on Form 10-KSB could not be timely filed without unreasonable effort or expense. PART IV - OTHER INFORMATION (1) Name and telephone number of person to contact in regard to this notification. Jeffrey G. McGonegal (303) 722-4008 - ----------------------------------------------------------------------- (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(s) been filed? If answer is no, identity 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? [X] Yes [ ] 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. Advanced Nutraceuticals, Inc. expects to report on the subject report net income of approximately $2.3 million ($0.46 per share) for its fiscal year ended September 30, 2004, as compared to a net loss of $3.8 ($.77 per share) for the year ended September 30, 2003. Income from continuing operations is expected to report net income of $3.5 million after a $762,000 deferred income tax benefit for the 2004 year as compared to net income from continuing operations of $1.9 million for the 2003 year. The 2004 results are expected to include the presentation of the operations of the Company's ANI Pharmaceutical, Inc. segment as a discontinued operation. The discontinued operations are expected to report a net loss of $1.2 million ($.24 per share), after a $663,000 deferred income tax benefit for the 2004, year, as compared to a net loss of $5.8 million ($1.16 per share) for the 2003 year. ------------------------------------------------------------- Advanced Nutraceuticals, 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: December 29, 2004 By: /s/ Jeffrey G. McGonegal ---------------------------------- Jeffrey G. McGonegal, Senior Vice President - Finance and Chief Financial Officer -----END PRIVACY-ENHANCED MESSAGE-----