UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
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FORM 8-K
CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d)
OF THE SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of earliest event reported):
March 31, 2009 (March 31, 2009)
ANTS SOFTWARE INC.
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(Exact name of Registrant as specified in its charter)
Delaware 000-16299 13-3054685
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(State or other (Commission (I.R.S. Employer
jurisdiction of File Number) Identification No.)
incorporation)
700 Airport Blvd. Suite 300, Burlingame, CA 94010
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(Address of principal executive offices) (Zip Code)
Registrant's telephone number, including area code: (650) 931-0500
N/A
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(Former name or former address, if changed since last report)
Check the appropriate box below if the Form 8-K filing is intended to
simultaneously satisfy the filing obligation of the registrant under any of the
following provisions (see General Instruction A.2. below):
[ ] Written communications pursuant to Rule 425 under the Securities Act
(17 CFR 230.425)
[ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act
(17 CFR 240.14a-12)
[ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the
Exchange Act (17 CFR 240.14d-2(b))
[ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the
Exchange Act (17 CFR 240.13e-4(c))
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Item 8.01 Other Events.
ANTs software inc. (the "Company") will require additional time to file
its Annual Report on Form 10-K for the fiscal year-ended December 31, 2008. The
Company received an extension from March 16, 2009 until March 31, 2009 to allow
its new auditor time to review certain transactions. The new auditor and the
prior auditor now disagree on the original accounting treatment of convertible
promissory notes issued during 2006 and 2007. The Company has informed the
Securities and Exchange Commission of the situation and is working with both
auditor firms to obtain interpretive guidance from the SEC's Office of Chief
Accountant. This accounting matter relates only to non-cash items and primarily
concerns non-cash interest expense on the income statement along with long-term
debt and equity on the balance sheet. The Company is informed that after March
31, 2009, trading will continue in the Company's stock, but an "E" will be
appended to the Company's trading symbol indicating that the Company is not
current in its filings. The Company is working with the audit firms and the SEC
to resolve this issue and file its 10-K as quickly as possible.
Pursuant to General Instruction B.2 of Form 8-K, the information included in
this Current Report on Form 8-K is "furnished" and not "filed" for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended (the "Exchange
Act"), or otherwise subject to the liability provisions of that section, nor
shall such information be deemed incorporated by reference in any filing under
the Securities Act of 1933, as amended, or the Exchange Act, except as shall be
expressly set forth by specific reference in such a filing. References to the
Company's website do not incorporate by reference the information on such
website into this Current Report on Form 8-K and the Company disclaims any such
incorporation by reference.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934,
the Company has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
ANTs software inc.
Date: March 31, 2009 By: /s/ Joseph Kozak
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Joseph Kozak
Chairman and Chief Executive Officer