UNITED STATES SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549
FORM 12b-25
NOTIFICATION OF LATE FILING
Commission File Number: 0-27721
(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, 2002
[ ] 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:
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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.
Full Name of Registrant
Former Name if Applicable
13715 Murphy Road, Suite D
Address of Principal Executive Office (Street and Number)
Stafford, Texas 77477
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, 2002 (the "Form 10-KSB") by the prescribed filing date of 5:30 p.m. EST on
September 30, 2002 without unreasonable effort or expense as a result of the
following:
During the last quarter of its recently completed fiscal year, the Company`s
plan of reorganization was confirmed and became effective. As a result, the
Company is required to implement "fresh start accounting" in the preparation of
its financial statements and is working to complete those financial statements.
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, 2002, 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
(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.
(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 30, 2002 By: /s/ Bruce Parsons
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Bruce Parsons,
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, 2002 cannot be filed by the prescribed date
of 5:30 p.m. EST on September 30, 2002. The Company's consolidated net loss for
the year ended June 30, 2001 was $49,090,384. The consolidated net loss, before
extraordinary items, for the year ended June 30, 2002 has not been determined at
this time because the year end financial statements have not been completed but
it is expected to be significantly less than 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 requirement for the Company to
implement "fresh start accounting" following the confirmation and effectiveness
of its plan or reorganization, 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 30, 2002