UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
Amendment No. 1 to
FORM 10-Q
| þ | QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 |
For the quarterly period ended December 31, 2011 | |
| OR | |
| o | TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 |
| For the transition period from _______________ to ________________ | |
Commission file number 0-52993
GelTech Solutions, Inc.
(Exact name of registrant as specified in its charter)
| Delaware | 56-2600575 | |
| (State or other jurisdiction of | (I.R.S. Employer | |
| incorporation or organization) | Identification No.) | |
| 1460 Park Lane South, Suite 1, Jupiter, Florida | 33458 | |
| (Address of principal executive offices) | (Zip Code) |
Registrant’s telephone number, including area code: (561) 427-6144
Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes þ No o
Indicate by check mark whether the registrant has submitted electronically and posted on its corporate Web site, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files). Yes þ No o
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer or a smaller reporting company. See the definitions of “large accelerated filer,” “accelerated filer” and “smaller reporting company” in Rule 12b-2 of the Exchange Act.
| Large accelerated filer | o | Accelerated filer | o |
| Non-accelerated filer | o | Smaller reporting company | þ |
| (Do not check if a smaller reporting company) | |||
Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act). Yes o No þ
| Class | Outstanding at February 8, 2012 | |
| Common Stock, $0.001 par value per share | 23,294,992 shares |
EXPLANATORY NOTE
This Form 10-Q/A is being filed to include executed agreements as exhibits and also includes the certifications previously filed and furnished.
| ITEM 6. | EXHIBITS. |
| Incorporated by Reference | Filed or Furnished | |||||||||
| No. | Exhibit Description | Form | Date | Number | Herewith | |||||
| 3.1 | Certificate of Incorporation | Sb-2 | 7/20/07 | 3.1 | ||||||
| 3.2 | Amended and Restated Bylaws | Sb-2 | 7/20/07 | 3.2 | ||||||
| 3.3 | Amendment No. 1 to the Amended and Restated Bylaws | 10-K | 9/28/10 | 3.3 | ||||||
| 3.4 | Amendment No. 2 to the Amended and Restated Bylaws | 8-K | 9/26/11 | 3.1 | ||||||
| 10.1 | Michael Hull Promissory Note | S-1 | 1/6/12 | 10.23 | ||||||
| Filed* | ||||||||||
| Filed | ||||||||||
| Filed | ||||||||||
| Filed | ||||||||||
| Furnished | ||||||||||
| 101 INS | XBRL Instance Document | Furnished** | ||||||||
| 101 SCH | XBRL Taxonomy Extension Schema | Furnished** | ||||||||
| 101 CAL | XBRL Taxonomy Extension Calculation Linkbase | Furnished** | ||||||||
| 101 LAB | XBRL Taxonomy Extension Label Linkbase | Furnished** | ||||||||
| 101 PRE | XBRL Taxonomy Extension Presentation Linkbase | Furnished** | ||||||||
| 101 DEF | XBRL Taxonomy Extension Definition Linkbase | Furnished** | ||||||||
______
* Filed pursuant to a confidential treatment request. Portions of the exhibit have been omitted pursuant to the request for confidential treatment.
** Attached as Exhibit 101 to this report are the Company’s financial statements for the quarter ended December 31, 2011 formatted in XBRL (eXtensible Business Reporting Language). The XBRL-related information in Exhibit 101 to this report shall not be deemed “filed” or a part of a registration statement or prospectus for purposes of Sections 11 or 12 of the Securities Act, and is not filed for purposes of Section 18 of the Securities Exchange Act of 1934, or otherwise subject to the liabilities of those sections.
Copies of this report (including the financial statements) and any of the exhibits referred to above will be furnished at no cost to our shareholders who make a written request to GelTech Solutions, Inc., 1460 Park Lane South, Suite 1, Jupiter, Florida 33458, Attention: Darlene Cordani.
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GELTECH SOLUTIONS, INC. AND SUBSIDIARIES
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 thereunto duly authorized.
| GELTECH SOLUTIONS, INC. | |||
| March 21, 2012 | By: | /s/ Michael Cordani | |
| Michael Cordani | |||
Chief Executive Officer (Principal Executive Officer) | |||
| March 21, 2012 | By: | /s/ Michael Hull | |
| Michael Hull | |||
Chief Financial Officer (Principal Financial Officer) | |||
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