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| | SEC FILE NUMBER | |
| | 000-52420 | |
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| | CUSIP NUMBER | |
| | N/A | |
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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 12b-25
NOTIFICATION OF LATE FILING
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| (Check one): | | þ Form 10-K o Form 20-F o Form 11-K o Form 10-Q o Form N-SAR o Form N-CSR |
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| | | For Period Ended: | September 30, 2008 |
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| | | o Transition Report on Form 10-K | |
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| | | o Transition Report on Form 20-F | |
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| | | o Transition Report on Form 11-K | |
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| | | o Transition Report on Form 10-Q | |
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| | | o Transition Report on Form N-SAR | |
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| | | For the Transition Period 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:
PART I — REGISTRANT INFORMATION
Siouxland Ethanol, L.L.C.
Full Name of Registrant
Former Name if Applicable
Address of Principal Executive Office (Street and Number)
City, State and Zip Code
TABLE OF CONTENTS
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.) þ
(a) The reason 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 report on Form 10-K, Form 20-F, Form 11-K, Form N-SAR or Form N-CSR, 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 subject distribution report on Form 10-D, 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.
PART III — NARRATIVE
State below in reasonable detail the reasons why Forms 10-K, 20-F, 11-K, 10-Q, N-SAR, N-CSR, or the transition report or portion thereof, could not be filed within the prescribed time period. (Attach extra sheets if needed.)
Siouxland Ethanol, L.L.C. (the “Company”) has determined that additional time is required to finalize its Annual Report on Form 10-K for its fiscal year ended September 30, 2008, and the financial statements included therein (the “Form 10-K”). Despite diligent efforts, work necessary to complete the Form 10-K could not be finished in sufficient time to permit the filing on the due date of Monday, December 29, 2008, without unreasonable effort and expense, due largely to the time needed to resolve questions regarding the accounting treatment of certain items. In addition, the Company’s small accounting staff was required to devote a substantial amount of time and effort to the preparation of management’s report on internal control over financial reporting that is being included for the first time in the Form 10-K.
PART IV— OTHER INFORMATION
(1) Name and telephone number of person to contact in regard to this notification
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| Mark Rolfes | | 402 | | 632-2676 |
| (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). þ Yes o 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?
þ Yes o 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.
The Company anticipates reporting gross revenues of approximately $131 million and net income in the range of $6.8 million to $7.1 million for the fiscal year ended September 30, 2008 as compared to revenues of $45.7 million and net income $5.1 million reported for the fiscal year ended September 30, 2007. The revenues and earnings we expect to report for fiscal 2008 are higher than those of fiscal 2007 due primarily to the fact that the Company was a development phase company and generated no material revenues or earnings until production commenced at its fuel ethanol plant in third quarter of fiscal 2007.
Siouxland Ethanol, L.L.C.
(Name of Registrant as Specified in Charter)
has caused this notification to be signed on its behalf by the undersigned hereunto duly authorized.
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| Date: December 30, 2008 | By: | /s/ Charles Hofland | |
| | | Charles Hofland, President and Chief | |
| | | Executive Officer | |
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