UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 10-Q/A
(Mark One)
| x | QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 |
For the quarterly period endedAugust 31, 2011
| o | TRANSITION REPORT UNDER SECTION 13 OR 15(d) OF THE EXCHANGE ACT |
For the transition period from ______________ to _____________
Commission file number: 333-163782
EMPIRE POST MEDIA, INC. and SUBSIDIARY
(Exact name of registrant as specified in its charter)
| Nevada | 27-1122308 | |
(State or other jurisdiction of incorporation or organization) | (I.R.S. Employer Identification No.) |
| 23945 Calabasas Road, Suite 115, Calabasas | 91302 | |
| (Address of principal executive offices) | (Zip Code) |
310-472-5138
(Registrant’s telephone number, including area code)
(Former address:280 South Beverly Drive, Suite 205, Beverly Hills, California 90212 )
Indicate by check mark whether the registrant (1) has filed 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. Yesx No¨
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” ion Rule 12b-2 of the Exchange Act.
| Large accelerated filer¨ | Accelerated filer¨ |
| Non-accelerated filer¨ | Smaller reporting companyx |
Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act). Yes¨ Nox
APPLICABLE ONLY TO ISSUERS INVOLVED IN BANKRUPTCY
PROCEEDINGS DURING THE PRECEDING FIVE YEARS
Indicate by check mark whether the registrant has filed all documents and reports required to be filed by Sections 12, 13, or 15(d) of the Securities Exchange Act of 1934 subsequent to the distribution of securities under a plan confirmed by a court. Yes¨ No¨
APPLICABLE ONLY TO CORPORATE ISSUERS
Indicate the number of shares outstanding of each of the issuer’s classes of common equity, as of the latest practicable date:
As of Oct 17, there were 250,237,336 shares of $0.001 par value common stock issued and outstanding.
EMPIRE POST MEDIA, INC. and SUBSIDIARY
Explanatory Note
The purpose of the Amendment No. 1 on Form 10–Q/A to Registrants’s quarterly report on Form 10–Q for the quarter ended August 31, 2011, filed with the Securities and Exchange Commission on October 24, 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.
No other changes have been made to the Form 10–Q. This Amendment No. 1 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 Act of 1934, as amended, and otherwise are not subject to liability under those sections.
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Item 6. Exhibits
| Exhibit No. | SEC Ref. No. | Title of Document | ||
| 1 | 31.1* | Certification of the Principal Executive Officer pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 | ||
| 2 | 31.2* | Certification of the Principal Financial Officer pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 | ||
| 3 | 32.1* | Certification of the Principal Executive Officer and Chief Financial Officer pursuant to U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002* | ||
| 4 | 101.INS** | XBRL Instance Document. | ||
| 5 | 101.SCH** | XBRL Taxonomy Schema Document. | ||
| 6 | 101.CAL** | XBRL Taxonomy Calculation Linkbase Document. | ||
| 7 | 101.DEF** | XBRL Taxonomy Extension Definition Linkbase | ||
| 8 | 101.LAB** | XBRL Taxonomy Label Linkbase Document. | ||
| 9 | 101.PRE** | XBRL Taxonmy Presentation Linkbase Document. |
* Previously filed.
** Filed herewith.
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SIGNATURES
In accordance with the Exchange Act, the registrant caused this report to be signed on its behalf by the undersigned thereunto duly authorized.
| EMPIRE POST MEDIA, INC. | |
| Date: October 24, 2011 | |
| /s/ Peter Dunn | |
| Peter Dunn | |
Chief Executive Officer and Chief Financial Officer |
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EXHIBITS INDEX
| Exhibit No. | SEC Ref. No. | Title of Document | ||
| 1 | 31.1* | Certification of the Principal Executive Officer pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 | ||
| 2 | 31.2* | Certification of the Principal Financial Officer pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 | ||
| 3 | 32.1* | Certification of the Principal Executive Officer and Chief Financial Officer pursuant to U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002* | ||
| 4 | 101.INS** | XBRL Instance Document. | ||
| 5 | 101.SCH** | XBRL Taxonomy Schema Document. | ||
| 6 | 101.CAL** | XBRL Taxonomy Calculation Linkbase Document. | ||
| 7 | 101.DEF** | XBRL Taxonomy Extension Definition Linkbase | ||
| 8 | 101.LAB** | XBRL Taxonomy Label Linkbase Document. | ||
| 9 | 101.PRE** | XBRL Taxonmy Presentation Linkbase Document. |
* Previously filed.
** Filed herewith.
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