UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Amendment No.1 to
FORM 40-F
[ ] REGISTRATION STATEMENT PURSUANT TO SECTION 12 OF THE SECURITIES EXCHANGE ACT OF 1934
OR
[X] ANNUAL REPORT PURSUANT TO SECTION 13(a) OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
For the nine month fiscal period ended:December 31, 2011
Commission file number:001-35329
TIMMINS GOLD CORP.
(Exact Name of Registrant as Specified in its charter)
British Columbia, Canada | 1040 | N/A |
(Province or other jurisdiction of incorporation or | (Primary Standard Industrial | (I.R.S. Employer Identification No.) |
organization) | Classification Code) | |
570 Granville Street, Suite 1900
Vancouver, British Columbia
V6C 3P1
(604) 682-4002
(Address and telephone number of Registrant’s principal executive offices)
CT Corporation System
111 Eighth Avenue, 13th Floor
New York, New York 10011
(212) 894-8700
(Name, address (including zip code) and telephone number (including area code) of agent for service in the United States)
Securities registered or to be registered pursuant to Section 12(b) of the Act:
Title of each class: | Name of each exchange on which registered: |
Common Shares, no par value | NYSE Amex LLC |
Securities registered or to be registered pursuant to Section 12(g) of the Act:None
Securities for which there is a reporting obligation pursuant to Section 15(d) of the Act:None
For annual reports, indicate by check mark the information filed with this form:
[X] Annual Information Form | [X] Audited Annual Financial Statements |
Indicate the number of outstanding shares of each of the issuer’s classes of capital or common stock as of the close of the period covered by the annual report:
140,291,127Common Shares
Indicate by check mark whether the Registrant (1) has 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 Registrant was required to file such reports) and (2) has been subject to such filing requirements for the past 90 days.
[X] Yes [ ] No
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 [ ] No
EXPLANATORY NOTE
On March 30, 2012, Timmins Gold Corp. (the “Registrant”) filed with the Commission its annual report on Form 40-F for the nine month fiscal period ended December 31, 2011 (the “Original Annual Report”). Subsequent to filing the Original Annual Report, the Registrant noted that a column of historical results for the fiscal year ended March 31, 2010 had been omitted from the table "Review of Financial Results", on page 4 of "Management's Discussion and Analysis For the Nine Months Ended December 31, 2011", included as Exhibit 99.2 to the Original Annual Report. A corrected version of Exhibit 99.2, which replaces Exhibit 99.2 included in the Original Annual Report in its entirety, together with certifications under Sections 302 and 906 of the Sarbanes-Oxley Act of 2002 are filed herewith. No other information in or exhibit to the Original Annual Report is or has been amended.
SIGNATURE
Pursuant to the requirements of the Exchange Act, the Company certifies that it meets all of the requirements for filing on Form 40-F and has duly caused this annual report to be signed on its behalf by the undersigned, thereto duly authorized.
TIMMINS GOLD CORP.
| By: | /s/ Bruce Bragagnolo |
| Name: | Bruce Bragagnolo |
| Title: | Chief Executive Officer and Secretary |
Date: April 4, 2012
EXHIBIT INDEX
* Previously filed