UNITED STATES SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 12b-25
NOTIFICATION OF LATE FILING
Commission File Number: 0-27721
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(Check One): [X] Form 10-K and Form 10-KSB [ ] Form 10-Q and Form 10-QSB
[ ] Form 20-F [ ] Form 11-K [ ] Form N-SAR
For Period Ended: June 30, 2001
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[ ] 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:
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
EBIZ ENTERPRISES, INC.
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Full Name of Registrant
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Former Name if Applicable
10225 E. Via Linda, Suite 300
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Address of Principal Executive Office (Street and Number)
Scottsdale, Arizona 85258
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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 box if appropriate)
[X] (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, 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 of 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
[X] (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 the Form 10-K and Form 10-KSB,
11-K, 20-F, 10-Q and Form 10-QSB, N-SAR, or other transition report or portion
thereof, could not be filed within the prescribed period.
Ebiz Enterprises, Inc. (the "Company") will not be able to complete the
electronic filing of its Annual Report on Form 10-KSB for the year ended June
30, 2001 (the "Form 10-KSB") by the prescribed filing date of 5:30 p.m. EST on
September 28, 2001 without unreasonable effort or expense as a result of the
following:
On September 7, 2001, the Company filed a voluntary petition under Chapter 11 of
the Bankruptcy Code in federal bankruptcy court in Phoenix, Arizona. In light of
this bankruptcy filing, the Company will be unable to complete its internal
financial statements, and therefore the Company's independent public
accountants, Semple & Cooper LLP, will be unable to complete the year end audit
with respect to the Company's financial statements. A statement signed by Semple
& Cooper LLP is filed herewith as Exhibit A. While the Company intends to file
its Form 10-KSB on October 15, 2001, there can be no assurances that such Form
10-KSB will be filed by such date.
PART IV - OTHER INFORMATION
(1) Name and telephone number of person to contact in regard to this
notification
Jeffrey Perry (480) 346-2014
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(Name) (Area Code) (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 reports), 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 statement to be included in the subject report or portion thereof?
[X] YES [ ] NO
If so, attach an explanation of the anticipated change, both narratively, and,
if appropriate, state the reasons why a reasonable estimate of the results
cannot be made.
See Annex A attached hereto.
EBIZ ENTERPRISES, INC.
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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: September 28, 2001 By: /s/ Dave Shaw
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Dave Shaw
Chief Executive Officer
ANNEX A
For the reasons stated in Part III to this Form 12b-25, the Company's Form
10-KSB for the year ended June 30, 2001 cannot be filed by the prescribed date
of 5:30 p.m. EST on September 28, 2001.
The Company's consolidated net loss for the year ended June 30, 2000 was
$10,121,304. The consolidated net loss for the year ended June 30, 2001 has not
been determined at this time because the year end financial statements have not
been completed but it is expected to significantly exceed last year's loss.
EXHIBIT A
[SEMPLE & COOPER LLP LETTERHEAD]
We are the independent public accountants for Ebiz Enterprises, Inc., a Nevada
corporation (the "Company"). In light of the Company's recent bankruptcy filing,
the Company's management has been unable to complete its internal financial
statements. Therefore, we have been unable to complete our year end audit of the
Company's financial statements and furnish an opinion to the Company as required
by Form 10-KSB.
/s/ Semple & Cooper LLP
Phoenix, Arizona
September 28, 2001