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SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 12b-25
NOTIFICATION OF LATE FILING
[ ]Form 10-K [ ] Form 20-F [X] Form 11-K [ ] Form 10-Q [ ] Form N-SAR
For the Period Ended: December 31, 2004
Commission file number 001-12752
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 Items(s) to which the notification relates:
PART I
REGISTRANT INFORMATION
Cristalerias de Chile S.A.
(Glassworks of Chile, Inc.)
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Full Name of Registrant
N/A
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Former Name if Applicable
Hendaya 60, Oficina 201, Las Condes
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Address of Principal Executive Offices (street and number)
Santiago, Chile
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City, State and Zip Code
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 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 20-F, Form 11-K, Form 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 statements 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, 10-KSB, 20-F,
11-K, 10-Q, 10- QSB, N-SAR, or the transition report or portion thereof, could
not be filed within the prescribed time period.
Cristalerias de Chile, S.A. (the "Company") will be unable to file
its Annual Report on Form 20-F for the year ended December 31, 2004 within the
prescribed time period without unreasonable effort or expense. In April 2005,
the Company publicly disclosed that it intended to terminate its American
Depositary Share ("ADS") program with the Bank of New York and deregister its
securities under Sections 12(b) and 12(g) of the Securities Exchange Act of
1934 (the "Exchange Act"). The Company expects that its filing obligations
under Section 13(a) of the Exchange Act will be suspended on or about the due
date of its Form 20-F.
On April 19, 2005, due to a significant decrease over the last
several years in (i) the number of Company shares trading on the New York
Stock Exchange ("NYSE") relative to the total number of outstanding Company
shares; and (ii) the number of U.S. holders of its ADSs and common shares, the
Company terminated its ADS program with the Bank of New York, which became
effective on June 21, 2005. As a result of this termination, the NYSE
suspended trading of the Company's ADSs on June 22, 2005 and filed a Form 25
with the U.S. Securities and Exchange Commission ("SEC") to deregister the
Company's ADSs under Section 12(b) of the Exchange Act, which is expected to
become effective on July 8, 2005. The Company intends to file a Form 15 with
the SEC to deregister the Company's ADSs under Section 12(g) of the Exchange
Act on or about July 11, 2005.
The Company is filing this report for a 15-day extension, from July
1, 2005 to July 15, 2005, for filing a 20-F to allow it to file a Form 15,
once it is deregistered under Section 12(b) on July 8, 2005, which will
immediately suspend its filing obligations under Section 13(a) of the Exchange
Act, including the filing of a 20-F. The Company's filing of the Form 15 will
also initiate a 60-day period during which the Form 15 may be withdrawn by the
Company or denied by the SEC. In the event the Form 15 is withdrawn or denied,
the Company would be required to file all reports which would have been
required had the Form 15 not been filed.
PART IV - OTHER INFORMATION
(1) Name and telephone number of person to contact in regard to
this notification
Rodrigo Palacios Fitz-Henry (56-2) 787-8656
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(Name) (Area Code) (Telephone Number)
(2) Have all other reports required under Section 13 or 15 (b) of
the Securities and Exchange Act of 1934 or Section 30 or the
Investments 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).
[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
CRISTALERIAS DE CHILE S.A.
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(Name of Registrant as Specified in Charter)
has caused this notification to be signed on its behalf by the undersigned
hereunto duly authorized.
Date: June 30, 2005 By: /s/ Cirilo Elton Gonzalez
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Cirilo Elton Gonzalez
Chief Executive Officer