OMB Number: 3235-0058
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UNITED STATES Expires: March 31, 2006
SECURITIES AND EXCHANGE COMMISSION Estimated average burden
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FORM 12b-25
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SEC FILE NUMBER
0-28008
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NOTIFICATION OF LATE FILING
(Check One): [X] Form 10-K [ ] Form 20-F [ ] Form 11-K [ ] Form 10-Q
[ ] Form N-SAR [ ] Form N-CSR
For Period Ended: December 31, 2003
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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: _______________________
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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.
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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:
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PART I -- REGISTRANT INFORMATION
SmartServ Online, Inc.
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Full Name of Registrant
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Former Name if Applicable
2250 Butler Pike, Suite 150
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Address of Principal Executive Office (Street and Number)
Plymouth Meeting, PA 19462
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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)
(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, Form N-SAR or Form N-CSR, or
portion thereof, will be filed on or before the fifteenth
[X] 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 statement or other exhibit required by Rule
12b-25(c) has been attached if applicable.
PART III - NARRATIVE
State below in reasonable detail why Forms 10-K, 20-F, 11-K, 10-Q, N-SAR, N-CSR,
or the transition report or portion thereof, could not be filed within the
prescribed time period.
We are unable to file, without unreasonable effort and expense, our Form 10-KSB
Annual Report for the year ended December 31, 2003 because we, including our
small accounting staff, have devoted substantial time and effort to recent
business matters and also due to our transition to our new independent
accountants, as reported on our Current Report on Form 8-K, filed on December 2,
2003. We anticipate that our Form 10-KSB Annual Report, together with our
audited annual financial statements, will be filed on or before the 15th
calendar day following the prescribed due date of our Form 10-KSB.
Persons who are to respond to the collection of information
SEC 1344 (07-03) contained in this form are not required to respond unless
the form displays a currently valid OMB control number.
PART IV -- OTHER INFORMATION
(1) Name and telephone number of person to contact in regard to this
notification
Eric D. Schoenborn, Esquire (856) 321-2413
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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 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? [X] Yes [ ] 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.
See Exhibit A.
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SmartServ Online, 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 March 29, 2004 By /s/ Timothy G. Wenhold
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Timothy G. Wenhold, Chief Operating Officer
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
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Intentional misstatements or omissions of fact constitute Federal Criminal
Violations (See 18 U.S.C. 1001).
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Exhibit A
Revenues for the year ended December 31, 2003 were $709,388, compared to
revenues of $195,817 for the year ended December 31, 2002. The increase in
revenues resulted primarily from licensing agreements with Salomon Smith Barney,
Qualcomm, CitiGroup Global and Wireless Retail Pins, several of which are not
expected to continue to generate revenue in 2004. The net loss for the year
ended December 31, 2003 was $17,448,173, compared to a net loss of $8,037,173
for the year ended December 31, 2002. The increase in net loss resulted
primarily from costs related to financing activities during 2003. The above
mentioned amounts for the fiscal year ended December 31, 2003 are unaudited.