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UNITED STATES OMB APPROVAL
SECURITIES AND EXCHANGE COMMISSION OMB Number: 3235-0058
Washington, D.C. 20549 Expires: March 31, 2006
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FORM 12b-25
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SEC FILE NUMBER
NOTIFICATION OF LATE FILING 0-28008
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(Check One): [ ] Form 10-K [ ] Form 20-F [ ] Form 11-K [X] Form 10-Q
[ ] Form N-SAR [ ] Form N-CSR
For Period Ended: March 31, 2004
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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:___________________________
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 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 calendar day
[X]| 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-QSB
Quarterly Report for the quarter ended March 31, 2004 because we, including our
small accounting staff, have devoted substantial time and effort to recent
business matters and must complete the accounting treatment of recent financing
transactions, as reported on our Current Report on Form 8-K, filed on March 1,
2004. We anticipate that our Form 10-QSB Quarterly Report, together with our
unaudited quarterly financial statements, will be filed on or before the 5th
calendar day following the prescribed due date of our Form 10-QSB.
SEC 1344 (07-03) Persons who are to respond to the collection of information
contained in this form are not required to respond unless
the form displays a valid OMB control number.
currently
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 May 17, 2004 By /s/ Robert Pons
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Robert Pons, Chief Executive
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
Intentional misstatements or omissions of fact constitute Federal Criminal
Violations (See 18 U.S.C. 1001).
Exhibit A
Revenues for the quarter ended March 31, 2004 were $73,711, compared to revenues
of $230,987 for the quarter ended March 31, 2003. The decrease in revenues
resulted primarily from loss of three customers, which contributed to the 2003
revenues. The net loss for the quarter ended March 31, 2004 will be
substantially higher than the net loss for the quarter ended March 31, 2003. The
increase in net loss resulted in part from costs related to financing activities
and certain non-cash deferred compensation costs during the quarter ended March
31, 2004. The above mentioned amounts for the quarter ended March 31, 2004 are
unaudited.