UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 12b-25
[ x] Form 10-K [ ] Form 20-F [ ] Form 11-K [] Form 10-Q
For Period Ended: March 31, 2001 SEC FILE NUMBER 001-07894
CUSIP NUMBER 26883910
[ ] Transition Report on Form 10-K
[ ] Transition Report on Form 20-F
[ ] Transition Report on Form 11-K
[ ] Transition Report on Form 10-Q
[ ] Transition Report on Form N-SAR
For Period Ended:
================================================================================
Nothing in this form shall be construed to imply that the Commission has
verified any information contained herein.
================================================================================
If the notification relates to a portion of the filing checked above, identify
the Item(s) to which the notification relates: Entire Form 10-K
Part I - Registrant Information
Full Name of Registrant Torchmail Communications, Inc.
------------------------------
Former Name if Applicable Erly Industries, Inc.
---------------------
Address of Principal Executive Office:
268 West 400 South, Suite 300
Salt Lake City, Utah 84101
Part II--RULES 12b-25 (b) AND (c)
If the subject report could not be filed without unreasonable effort or
expense and the registrant seeks relief pursuant to Rule 12b-25(b) the following
should be completed. (Check box if appropriate)
(a) The reasons described in reasonable detail in Part III of this
form could not be eliminated without unreasonable effort or
expense;
[X] (b) The subject annual report, semi-annual report, transition
report on Form 10-K, Form 2-F, 11-F, or From N-SAR, or portion
thereof will be filed on or before the fifteenth calendar day
following the prescribed due date; or the subject quarterly
report or transition report on Form 10-Q, or portion thereof
will be filed on or before the fifth calendar day following
the prescribed due date; and
(c) The accountant's statement or other exhibit required by
Rule 12b-25(c) has been attached if applicable.
Part III - Narrative
State below in reasonable detail the reasons why form 10-K, 11-K, 20-F,
10-Q or N-SAR or portion thereof could not be filed within the prescribed time
period.
The Company underwent a change of control in December of 2000 as
reported in the Form 8-K filed by the Company on December 19, 2000. Subsequent
delays in gathering all of the information required to complete the audit of the
Company have prevented the completion of the audit and the Company's Form 10-
KSB. As a result of these problems the Company may not be able to file its Form
10-KSB on time without unreasonable effort or expense
Part IV - Other Information
(1) Name and telephone number of person to contact in regard to
this notification.
Richard D. Surber President (801) 575-8073
--------------------------------------------------------------------
(Name) (Title) (Telephone Number)
(2) Have all other periodic reports required under section 13 or
15(d) of the Securities Exchange Act of 1934 or section 30 of
the Investment Company Act of 1940 during the 12 months or for
such shorter period that the registrant was required to file
such report(s) been filed? If the answer if no, identify
report(s).
(X ) Yes ( ) No
(3) Is it anticipated that any significant change in results of
operations from the corresponding period for the last fiscal
year will be reflected by the earnings statements to be
included in the subject report or portion thereof?
( ) Yes (X ) No
If so, attach an explanation of the anticipated change, both
narrative and quantitatively, and, if appropriate, state the
reasons why a reasonable estimate of the results cannot be
made - Corporate offices and management changes.
N/A
Torchmail Communications, Inc.
- --------------------------------------------------------------------------------
(Name of Registrant as specified in Charter)
has caused this notification to be signed on its behalf by the undersigned there
unto duly authorized.
Date: June 28, 2001 By: /s/ Richard D. Surber
--------------- ------------------------------------
Name: Richard D. Surber
Title: President
N:\Master\Clients\ERLY Industries Inc\SEC\06-01-10K extension.wpd