UNITED STATES OMB APPROVAL
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549 OMB Number 3235-008
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SEC FILE NUMBER
0-5781
CUSIP NUMBER
291206 10 0
FORM 12b-25
NOTIFICATION OF LATE FILING
(Check One): [X] Form 10-KSB [_] Form 20-K [_] Form 10-Q [_] Form N-SAR
For Period Ended: December 31, 2001
[_] 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 the Transition Period Ended: ___________________
Read Instruction (on back page) Before Preparing Form. Please Print or
Type.
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:
PART I -- REGISTRANT INFORMATION
Full Name of Registrant
Emex Corporation
Former Name if Applicable
- --------------------------------------------------------------------------------
Address of Principal Executive Office (Street and Number)
12600 West Colfax Avenue, Suite C-500
City, State and Zip Code
Lakewood, CO 80215
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;
|
| (b) The subject annual report, semi-annual report, transition report
| on Form 10-K, Form 20-F, Form 11-K or Form N-SAR, or portion
| thereof, will be filed on or before the fifteenth calendar day
[X] | 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.
|
| (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 Forms 10-KSB, 20-F, 11-K,
10-QSB, N-SAR, or the transition report portion thereof, could not be filed
within the prescribed time period.
The registrant recently changed its principal corporate office from New
York City to Denver, Colorado and, contemporaneously with that move, made
personnel changes and changes in arrangements for the maintenance of bookkeeping
and accounting functions as well as in banking and record keeping procedures. As
a result, more time was required than had been anticipated for the collection
and analysis of the information needed for preparation of the registrant's
annual report on Form 10-KSB for the year ended December 31, 2001.
(Attach Extra Sheets if Needed)
PART IV-- OTHER INFORMATION
(1) Name and telephone number of person to contact in regard to this
notification
Stuart G. Schwartz (Name) 212 (Area Code)
385-0668 (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 preceding 12 months or for such shorter period that the
registrant was required to file such report(s) been filed? If answer is no,
identify report(s). Yes [X] 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 narratively and
quantitatively, and, if appropriate, state the reasons why a reasonable estimate
of the results cannot be made.
It is estimated that net loss for the fiscal year being reported on will be
approximately $3,387,000 greater than the net loss for the preceding fiscal
year, primarily because of increases of approximately $1,519,000 in exploration
expense, $583,000 in research and development expense, $234,000 in depreciation,
depletion and amortization, $105,000 in operating lease expense, $493,000 in
impairment of oil and gas properties and $534,000 in general and administrative
expense, which are partially offset by an approximately $68,000 decrease in net
interest expense and an approximately $13,000 increase in operating revenue.
EMEX CORPORATION
(Name of Registrant as Specified in Charter)
has caused this notification to be signed on its behalf by the undersigned
hereunto duly authorized.
Date April 1, 2002
--------------------------------------
By: /s/ Walter W. Tyler
---------------------------------------------------------------
Walter W. Tyler, President and Chief Executive Officerr
INSTRUCTION: The form may be signed by an executive officer of the registrant of
by any other duly authorized representative. The name and title of the person
signing the form shall be typed or printed beneath the signature. If the
statement is signed on behalf of the registrant by an authorized representative
(other than an executive officer), evidence of the representative's authority to
sign on behalf of the registrant shall be filed with the form.
ATTENTION
International misstatements or omissions of fact constitute Federal Criminal
Violations (See 18 U.S.C. 1001).
General Instructions
1. This form is required by Rule 12b-25 (17 CFR 240.12b-25) of the General Rules
and Regulations under the Securities Exchange Act of 1934.
2. One signed original and four conformed copies of this form and amendments
thereto must be completed and filed with the Securities and Exchange Commission,
Washington, D.C. 20549, in accordance with Rule0-3 of the General Rules and
Regulations under the Act. The information contained in or filed with the form
will be made a matter of public record in the Commission files.
3. A manually signed copy of the form and amendments thereto shall be filed with
each national securities exchange on which any class of securities of the
registrant is registered.
4. Amendments to the notifications must also be filed on form 12b-25 but need
not restate information that has been correctly furnished. The form shall be
clearly identified as an amended notification.
5. Electronic filers. This form shall not be used by electronic filers unable to
timely file a report solely due to electronic difficulties. Filers unable to
submit a report within the time period prescribed due to difficulties in
electronic filing should comply with either Rule 201 or Rule 202 of Regulation
S-T (ss232.201 or ss232.202 of this chapter) or apply for an adjustment in
filing date pursuant to Rule 13(b) of Regulation S-T (ss232.13(b) of this
Chapter).
LOVELETT, SKOGEN & ASSOCIATES, P.C.
104 SOUTH WOLCOTT, SUITE 735
CASPER, WYOMING 82601
(307) 234-5395
April 1, 2002
Securities and Exchange Commission
450 Fifth Street, NW
Washington, D.C. 20549
RE: EMEX Corporation
Commission File 0-5781
Form 12b-25 Notification of Late Filing - Form 10-KSB December 31, 2001
Dear Ladies and Gentlemen:
This letter will serve to confirm that we, as the auditors for EMEX Corporation,
have read the applicable sections of the Form 12b-25 referenced above and are in
agreement with the statements made therein.
Please contact us if you have additional questions.
/s/ Roxy L. Skogen, CPA
Roxy L. Skogen, CPA
Lovelett, Skogen & Associates, P.C.
Casper, Wyoming