UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 10-Q/A
(Amendment No. 1)
| x | QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE |
| SECURITIES EXCHANGE ACT OF 1934 | |
| For the quarterly period ended September 30, 2012 | |
| ¨ | TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE |
| SECURITIES EXCHANGE ACT OF 1934 | |
Commission file number: 1-32543
FORTUNE INDUSTRIES, INC.
(Exact name of Registrant as specified in its charter)
| INDIANA | 20-2803889 |
| (State or other jurisdiction of | (IRS Employer |
| incorporation or organization) | Identification Number) |
| 6402 Corporate Drive | 46278 |
| Indianapolis, IN | (Zip Code) |
| (Address of principal executive offices) |
(317) 532-1374
(Registrant’s telephone number, including area code)
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.
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 (as defined in Rule 12b-2 of the Exchange Act).
| Large accelerated filer | ¨ | Accelerated filer | ¨ |
| Non-accelerated filer | ¨ | Smaller reporting company | x |
| (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¨ Nox
As of November 14, 2012, 12,287,290 shares of the Company’s $0.10 per share par value common stock were outstanding.
EXPLANATORY NOTE
The sole purpose of this Amendment No. 1 to Fortune Industries, Inc.’s Quarterly Report on Form 10-Q for the quarterly period ended September 30, 2012 as filed with the Securities and Exchange Commission on November 14, 2012 in the form of a Form 10-Q is to furnish Exhibit 101 to the Form 10-Q in accordance with Rule 405 of Regulation S-T. Exhibit 101 provides the financial statements and related notes for the Form 10-Q formatted in (eXtensible Business Reporting Language). No other changes have been made to the Form 10-Q. This Amendment No. 1 does not reflect events that may have occurred subsequent to the original filing date, and does not modify or update in any way the disclosures made in the original Form 10-Q.
Item 1. Exhibits
The following exhibits are included herein:
| 31.1* | Rule 15d-14(a) Certification of CEO |
| 31.2* | Rule 15d-14(a) Certification of CFO |
| 32.1* | Section 1350 Certification of CEO |
| 32.2* | Section 1350 Certification of CFO |
| 101** | The following materials from the Company’s Quarterly Report on Form 10-Q for the quarter ended September 30, 2012 formatted in eXtensible Business Reporting Language (XBRL): (i) the Condensed Consolidated Balance Sheets, (ii) the Condensed Consolidated Statements of Operations, (iii) the Condensed Consolidated Statements of Cash Flows and (iv) related notes. |
| * | Filed as an exhibit to the original Form 10-Q for the quarterly period ended September 30, 2012, filed with the SEC on November 14, 2012. |
| ** | Attached hereto. |
| 2 |
SIGNATURES
In accordance with the requirements of the Exchange Act, the registrant caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.
| Fortune Industries, Inc. | ||
| (Registrant) | ||
| Date: January 7, 2013 | By: /s/ Tena Mayberry | |
| Tena Mayberry, | ||
| Chief Executive Officer | ||
| Date: January 7, 2013 | By: /s/ Randy E. Butler | |
| Randy E. Butler, | ||
| Chief Financial Officer | ||
| 3 |
