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, 2011 |
| | |
| ¨ | TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE |
| | SECURITIES EXCHANGE ACT OF 1934 |
| | For the transition period from _______________ to _______________ |
Commission File No. 000-25386
FX ENERGY, INC.
(Exact name of registrant as specified in its charter)
| Nevada | 87-0504461 |
| (State or other jurisdiction of | (IRS Employer |
| incorporation or organization) | Identification No.) |
3006 Highland Drive, Suite 206
Salt Lake City, Utah 84106
(Address of principal executive offices and zip code)
(801) 486-5555
(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.
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).
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 x |
Non-accelerated filer o | Smaller reporting company o |
Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Act).
Indicate the number of shares outstanding of each of the issuer’s classes of common stock, as of the latest practicable date. The number of shares of $0.001 par value common stock outstanding as of November 3, 2011, was 52,777,002.
EXPLANATORY NOTE
FX Energy, Inc., is filing this Amendment No. 1 to its Quarterly Report on Form 10-Q for the quarter ended September 30, 2011, originally filed with the Securities and Exchange Commission on November 9, 2011, to correct an error in the information contained in the interactive data file submitted with the original filing.
No changes have been made to the Form 10-Q other than the furnishing of Exhibit 101 described above. This Amendment No. 1 does not reflect subsequent events occurring after the original filing date of the Form 10-Q or modify or update in any way disclosures made in the Form 10-Q.
PART II—OTHER INFORMATION
ITEM 6. EXHIBITS
The following exhibits are filed as a part of this report:
Exhibit Number* | | Title of Document | | Location |
| | | | | |
| Item 10 | | Material Contracts | | |
| 10.101 | | FX Energy, Inc., 2011 Incentive Plan | | Previously filed with the Quarterly Report on Form 10-Q for the quarter ended September 30, 2011, filed November 9, 2011 |
| | | | | |
| Item 31 | | Rule 13a-14(a)/15d-14(a) Certifications | | |
| 31.01 | | Certification of Principal Executive Officer Pursuant to Rule 13a-14 | | Previously filed with the Quarterly Report on Form 10-Q for the quarter ended September 30, 2011, filed November 9, 2011 |
| | | | | |
| 31.02 | | Certification of Principal Financial Officer Pursuant to Rule 13a-14 | | Previously filed with the Quarterly Report on Form 10-Q for the quarter ended September 30, 2011, filed November 9, 2011 |
| | | | | |
| Item 32 | | Section 1350 Certifications | | |
| 32.01 | | Certification of Chief Executive Officer Pursuant to 18 U.S.C. Section 1350, as Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 | | Previously filed with the Quarterly Report on Form 10-Q for the quarter ended September 30, 2011, filed November 9, 2011 |
| | | | | |
| 32.02 | | Certification of Principal Financial Officer Pursuant to 18 U.S.C. Section 1350, as Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 | | Previously filed with the Quarterly Report on Form 10-Q for the quarter ended September 30, 2011, filed November 9, 2011 |
| | | | | |
| Item 101 | | Interactive Data File | | |
| 101 | | Interactive Data File | | Attached |
_______________
| * | All exhibits are numbered with the number preceding the decimal indicating the applicable SEC reference number in Item 601 and the number following the decimal indicating the sequence of the particular document. Omitted numbers in the sequence refer to documents previously filed as an exhibit. |
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SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this amended report to be signed on its behalf by the undersigned, thereunto duly authorized.
| | FX ENERGY, INC. |
| | | (Registrant) |
| | | |
| | | |
| Date: February 10, 2012 | By: | /s/ David N. Pierce |
| | | David N. Pierce, President, Chief Executive Officer |
| | | |
| | | |
| Date: February 10, 2012 | By: | /s/ Clay Newton |
| | | Clay Newton, Principal Financial Officer |
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