-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, V3dHlLvM/hNFLy0DEUHnaHKmZ8cmNaYUieajRxOt4nmjZORCHw1hsVSjl6Yiui31 AcJ3meOr/Uuh1eJz+s6fDw== 0001157523-05-004462.txt : 20050509 0001157523-05-004462.hdr.sgml : 20050509 20050509060050 ACCESSION NUMBER: 0001157523-05-004462 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20050506 ITEM INFORMATION: Results of Operations and Financial Condition ITEM INFORMATION: Regulation FD Disclosure ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20050509 DATE AS OF CHANGE: 20050509 FILER: COMPANY DATA: COMPANY CONFORMED NAME: NIC INC CENTRAL INDEX KEY: 0001065332 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-MANAGEMENT CONSULTING SERVICES [8742] IRS NUMBER: 522077581 STATE OF INCORPORATION: CO FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-26621 FILM NUMBER: 05809669 BUSINESS ADDRESS: STREET 1: 12 CORPORATE WOODS 10975 BENSON STREET STREET 2: SUITE 390 CITY: OVERLAND PARK STATE: KS ZIP: 66210 MAIL ADDRESS: STREET 1: 12 CORPORATE WOODS 10975 BENSON STREET STREET 2: SUITE 390 CITY: OVERLAND PARK STATE: KS ZIP: 66210 FORMER COMPANY: FORMER CONFORMED NAME: NATIONAL INFORMATION CONSORTIUM DATE OF NAME CHANGE: 19990618 FORMER COMPANY: FORMER CONFORMED NAME: NATIONAL INFORMATION CONSORTIUM INC DATE OF NAME CHANGE: 19990504 8-K 1 a4883272.txt NIC 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549 __________ 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): May 6, 2005 ----------- NIC INC. -------- (Exact name of registrant as specified in its charter) Colorado 000-26621 52-2077581 -------- --------- ---------- (State or other jurisdiction of (Commission (I.R.S. Employer incorporation or organization) File Number) Identification No.) 10540 South Ridgeview Road Olathe, Kansas 66061 -------------------- (Address of principal executive offices, including zip code) (877) 234-3468 -------------- (Registrant's telephone number, including area code) ITEM 2.02 RESULTS OF OPERATIONS AND FINANCIAL CONDITION On May 6, 2005, NIC Inc. issued a press release announcing that it has reclassified certain financial information as of and for the three months ended March 31, 2005 that was reported in its first quarter 2005 earnings release issued on May 2, 2005. NIC changed its accounting treatment for the $5.0 million pre-tax charge relating to its software and services engagement with the California Secretary of State. The reclassification had no impact on operating loss, net loss, net loss per share or operating cash flows. A copy of the press release is furnished to the United States Securities and Exchange Commission with this report on Form 8-K as Exhibit 99. ITEM 7.01 REGULATION FD DISCLOSURE On May 6, 2005, NIC Inc. issued a press release announcing that it has reclassified certain financial information as of and for the three months ended March 31, 2005 that was reported in its first quarter 2005 earnings release issued on May 2, 2005. NIC changed its accounting treatment for the $5.0 million pre-tax charge relating to its software and services engagement with the California Secretary of State. The reclassification had no impact on operating loss, net loss, net loss per share or operating cash flows. A copy of the press release is furnished with this report on Form 8-K as Exhibit 99. ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS (c) Exhibits 99 - Press release issued by NIC Inc. dated May 6, 2005, announcing that it has reclassified certain financial information as of and for the three months ended March 31, 2005 that was reported in its first quarter 2005 earnings release issued on May 2, 2005, furnished solely for purposes of incorporation by reference to Items 2.02 and 7.01 herein. SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. NIC Inc. Date: May 6, 2005 By: /s/ Stephen M. Kovzan --------------------- Stephen M. Kovzan Vice President, Financial Operations Chief Accounting Officer EX-99 2 a4883272ex99.txt EXHIBIT 99 - PRESS RELEASE EXHIBIT 99 NIC Reclassifies Certain First Quarter 2005 Financial Information; Reclassifications Have No Impact on Gross Profits, Earnings, or Cash Flows OLATHE, Kan.--(BUSINESS WIRE)--May 6, 2005--NIC Inc. (Nasdaq:EGOV) today announced that it has reclassified certain financial information as of and for the three months ended March 31, 2005, that was reported in its first quarter 2005 earnings release issued on May 2, 2005. NIC changed its accounting treatment for the $5.0 million pre-tax charge relating to its software and services engagement with the California Secretary of State. The reclassification had no impact on operating loss, net loss, net loss per share, or operating cash flows. Selected financial information affected by this reclassification is presented in a table that accompanies this news release. About NIC NIC manages more eGovernment services than any provider in the world. The company is helping governments communicate more effectively with citizens and businesses by putting essential services online. NIC provides eGovernment solutions for 2,000 state and local agencies that serve more than 55 million people in the United States. Additional company information is available at www.nicusa.com. The statements in this release regarding continued implementation of NIC's business model and its development of new products and services are forward-looking statements. There are a number of important factors that could cause actual results to differ materially from those suggested or indicated by such forward-looking statements. These include, among others, the success of the Company in signing contracts with new states and government agencies, including continued favorable government legislation; NIC's ability to develop new services; existing states and agencies adopting those new services; acceptance of eGovernment services by businesses and citizens; competition; and general economic conditions and the other important cautionary statements and risk factors described in NIC's 2004 Annual Report on Form 10-K/A filed on March 16, 2005, with the Securities and Exchange Commission. NIC Inc. FINANCIAL SUMMARY (UNAUDITED) Thousands except for per share amounts Three months ended March 31, 2005 2004 ----------- ----------- (Revised) Revenues: Portal revenues $ 13,661 $ 12,231 Software and services revenues (2,381) 2,188 ---------- ---------- Total revenues 11,280 14,419 ---------- ---------- Cost of revenues: Cost of portal revenues, exclusive of depreciation & amortization 6,715 5,853 Cost of software & services revenues, exclusive of depreciation & amortization 2,377 2,080 Selling & administrative 3,282 3,232 Depreciation & amortization 352 388 ---------- ---------- Total operating expenses 12,726 11,553 ---------- ---------- Operating income (loss) (1,446) 2,866 ---------- ---------- Other income (expense): Interest income 81 21 Interest expense - (5) Equity in net loss of affiliates - (69) Other income (expense), net (3) - ---------- ----------- Total other income (expense) 78 (53) ---------- ---------- Income (loss) before income taxes (1,368) 2,813 Income tax provision (benefit) (471) 1,211 ---------- ---------- Net income (loss) $ (897) $ 1,602 ========== ========== Basic earnings (loss) per share: $ (0.02) $ 0.03 ========== ========== Diluted earnings (loss) per share: $ (0.02) $ 0.03 ========== ========== Weighted average shares outstanding: Basic 59,402 58,744 ========== ========== Diluted 59,402 61,016 ========== ========== Key Financial Metrics: Revenue growth - outsourced portals 12% 25% Same state revenue growth - outsourced portals 16% 21% Revenue growth - software & services (209%) (20%) Gross profit percentage - outsourced portals 51% 52% Gross profit percentage - software & services N/A 5% Selling & administrative costs as a percentage of revenue 29% 22% Operating income margin percentage (13%) 20% Portal Revenue Analysis (thousands) DMV transaction-based $ 8,650 $ 7,879 Non-DMV transaction-based 4,371 3,343 Portal management 48 102 Software development 592 907 ---------- ---------- Total $ 13,661 $ 12,231 ========== ========== NIC Inc. CONSOLIDATED BALANCE SHEETS (UNAUDITED) Thousands except for share amounts March 31, December 31, 2005 2004 ------------- ------------ (Revised) ASSETS Current assets: Cash and cash equivalents $ 32,921 $ 30,769 Cash and cash equivalents - restricted 3,000 3,000 Marketable securities 4,000 - Trade accounts receivable 20,448 17,610 Unbilled revenues 1,171 3,400 Deferred income taxes 1,166 433 Prepaid expenses & other current assets 1,117 1,312 ------------ ----------- Total current assets 63,823 56,524 Property and equipment, net 2,386 2,603 Unbilled revenues 966 2,404 Deferred income taxes 31,432 31,274 Other assets 272 266 ------------ ----------- Total assets $ 98,879 $ 93,071 ============ =========== LIABILITIES AND SHAREHOLDERS' EQUITY Current liabilities: Accounts payable $ 19,462 $ 14,394 Accrued expenses 5,272 6,266 Application development contracts 1,523 - Other current liabilities 128 151 ------------ ----------- Total current liabilities 26,385 20,811 ------------ ----------- Commitments and contingencies - - Shareholders' equity: Common stock, no par, 200,000,000 shares authorized 59,640,534 and 59,301,375 shares issued and outstanding - - Additional paid-in capital 202,031 200,921 Accumulated deficit (129,353) (128,456) ------------ ----------- 72,678 72,465 Less treasury stock (184) (205) ------------ ----------- Total shareholders' equity 72,494 72,260 ------------ ----------- Total liabilities and shareholders' equity $ 98,879 $ 93,071 ============ =========== NIC Inc. CASH FLOW SUMMARY (UNAUDITED) Thousands Three months ended March 31, 2005 2004 --------- -------- (Revised) Cash flows from operating activities: Net income (loss) $ (897) $ 1,602 Adjustments to reconcile net income (loss) to net cash provided by operating activities: Depreciation & amortization 352 388 Application development contracts 1,523 2 Deferred income taxes (271) 1,246 Deferred income tax benefit relating to stock options (310) (98) Equity in net loss of affiliates - 69 Changes in operating assets and liabilities (Increase) in trade accounts receivable (2,838) (2,486) (Increase) decrease in unbilled revenues 3,667 (1,518) Decrease in prepaid expenses & other current assets 281 363 (Increase) decrease in other assets (6) 2 Increase in accounts payable 5,068 863 Increase (decrease) in accrued expenses (994) 1,526 Increase (decrease) in other current liabilities (23) 28 -------- ------- Net cash provided by operating activities 5,552 1,987 -------- ------- Cash flows from investing activities: Purchases of property and equipment (134) (626) Purchases of marketable securities (7,000) - Maturities of marketable securities 3,000 - -------- -------- Net cash used in investing activities (4,134) (626) -------- ------- Cash flows from financing activities: Cash and cash equivalents - restricted - 38 Payments on note payable - (38) Proceeds from employee common stock purchases 122 117 Proceeds from exercise of employee stock options 612 142 -------- ------- Net cash provided by financing activities 734 259 -------- ------- Net increase in cash and cash equivalents 2,152 1,620 Cash and cash equivalents, beginning of period 30,769 13,540 -------- ------- Cash and cash equivalents, end of period $ 32,921 $15,160 ======== ======= NIC Inc. SELECTED REVISED FINANCIAL INFORMATION (UNAUDITED) Thousands except per share amounts Three-months ended March 31, 2005 --------------------------------- Previously Reported Revised Difference ----------- --------- ---------- Financial Summary: Software & services revenues $ 1,047 $ (2,381) $ (3,428) Total revenues 14,708 11,280 (3,428) Cost of software & services revenues,exclusive of depreciation & amortization 5,805 2,377 (3,428) Total operating expenses 16,154 12,726 (3,428) Operating income (loss) (1,446) (1,446) - Net income (loss) (897) (897) - Basic & diluted loss per share (0.02) (0.02) - Cash Flow Summary: Application development contracts 4,951 1,523 (3,428) Decrease in unbilled revenues 239 3,667 3,428 Net cash provided by operating activities 5,552 5,552 - As of March 31, 2005 -------------------------------- Previously Reported Revised Difference ----------- --------- ---------- Consolidated Balance Sheet: Unbilled revenues-current portion $ 3,161 $ 1,171 $ (1,990) Deferred income taxes- current portion 2,499 1,166 (1,333) Total current assets 67,146 63,823 (3,323) Unbilled revenues - long- term portion 2,404 966 (1,438) Deferred income taxes-long- term portion 30,099 31,432 1,333 Total assets 102,307 98,879 (3,428) Application development contracts 4,951 1,523 (3,428) Total current liabilities 29,813 26,385 (3,428) Total liabilities and shareholders' equity 102,307 98,879 (3,428) CONTACT: NIC Inc. Chris Neff, 435-645-8898 cneff@nicusa.com -----END PRIVACY-ENHANCED MESSAGE-----