SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
______________________
FORM 10-Q/A
(Amendment No. 1)
______________________
| x | QUARTERLY REPORT UNDER SECTION 13 OR 15 (D) OF THE SECURITIES EXCHANGE ACT OF 1934 |
FOR THE QUARTERLY PERIOD ENDED JUNE 30, 2011
| q | TRANSITION REPORT UNDER SECTION 13 OR 15 (D) OF THE SECURITIES EXCHANGE ACT OF 1934 |
FOR THE TRANSITION PERIOD FROM _____ TO_____
Commission File number: 333-148516
eLayaway, Inc.
(Exact name of registrant as specified in its charter)
| Delaware | | 20-8235863 |
(State or other jurisdiction of incorporation) | | (I.R.S. Employer Identification No.) |
1625 Summit Lake Drive, Suite 205, Tallahassee, Florida 32317
(Address of principal executive offices)
850-219-8210
(Issuer’s telephone number)
Indicate by check mark whether the registrant (1) filed all reports required to be filed by Section 13 or 15(d) of the Exchange Act during the preceding 12 months (or for such shorter period that the Issuer was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes x No q
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 (§232.405 of this chapter) during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files). Yes x 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 | | q | | Accelerated filer | | q |
| | | | |
| Non-accelerated filer | | q | | Smaller reporting company | | x |
Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act). Yes q No x
As of August 10, 2011, the registrant had 41,959,830 shares of its Common Stock outstanding.
The purpose of this Amendment No. 1 to eLayaway, Inc.’s Quarterly Report on Form 10-Q for the quarterly period ended June 30, 2011, filed with the Securities and Exchange Commission on August 15, 2011 (the “Form 10-Q”), is solely to furnish Exhibit 101 to the Form 10-Q in accordance with Rule 405 of Regulation S-T. Exhibit 101 to this report provides the consolidated financial statements and related notes from the Form 10-Q formatted in XBRL (eXtensible Business Reporting Language).
No other changes have been made to the Form 10-Q. This Amendment No. 1 to the Form 10-Q speaks as of the original filing date of the Form 10-Q, does not reflect events that may have occurred subsequent to the original filing date, and does not modify or update in any way disclosures made in the original Form 10-Q.
Pursuant to Rule 406T of Regulation S-T, the interactive data files on Exhibit 101 hereto are deemed not filed or part of a registration statement or prospectus for purposes of Sections 11 or 12 of the Securities Act of 1933, as amended, are deemed not filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and otherwise are not subject to liability under those sections.
ITEM 6. | EXHIBITS |
| | |
Number | Description |
3.1 | Articles of Incorporation, as Amended* |
3.2 | Bylaws* |
3.3 | Certificate of Designation of the Preferences and Rights of Series E Preferred Stock* |
31.1 | Certification of Chief Executive Officer of eLayaway, Inc. Required by Rule 13a-14(1) or Rule 15d-14(a) of the Securities Exchange Act of 1934, as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002* |
31.2 | Certification of Chief Financial Officer of eLayaway, Inc. Required by Rule 13a-14(1) or Rule 15d-14(a) of the Securities Exchange Act of 1934, as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002* |
32.1 | Certification of Chief Executive Officer of eLayaway, Inc. Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and Section 1350 Of 18 U.S.C. 63* |
| 32.2 | Certification of Chief Financial Officer of eLayaway, Inc. Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and Section 1350 Of 18 U.S.C. 63* |
| | |
101.INS | XBRL Instance Document |
| | |
101.SCH | XBRL Taxonomy Extension Schema Document |
| | |
101.CAL | XBRL Taxonomy Extension Calculation Linkbase Document |
| | |
101.DEF | XBRL Taxonomy Extension Definition Linkbase Document |
| | |
101.LAB | XBRL Taxonomy Extension Label Linkbase Document |
| | |
101.PRE | XBRL Taxonomy Extension Presentation Linkbase Document |
* These exhibits were previously included or incorporated by reference in eLayaway, Inc.’s Quarterly Report on Form 10-Q for the quarterly period ended June 30, 2011, filed with the Securities and Exchange Commission on August 15, 2011.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, this report has been signed below by the following persons on behalf of the Registrant and in the capacities and on the date indicated.
| | | |
| | ELAYAWAY, INC. |
| | | |
| | | |
| Date: August 25, 2011 | By: | /s/ Douglas R. Salie |
| | | Douglas R. Salie |
| | | Chief Executive Officer |
| | | |
| Date: August 25, 2011 | By: | /s/ Bruce Harmon |
| | | Bruce Harmon |
| | | Chief Financial Officer |
