0001213900-14-001973.txt : 20140331 0001213900-14-001973.hdr.sgml : 20140331 20140331160551 ACCESSION NUMBER: 0001213900-14-001973 CONFORMED SUBMISSION TYPE: NT 10-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20131231 FILED AS OF DATE: 20140331 DATE AS OF CHANGE: 20140331 EFFECTIVENESS DATE: 20140331 FILER: COMPANY DATA: COMPANY CONFORMED NAME: OxySure Systems Inc CENTRAL INDEX KEY: 0001413797 STANDARD INDUSTRIAL CLASSIFICATION: SURGICAL & MEDICAL INSTRUMENTS & APPARATUS [3841] IRS NUMBER: 710960725 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: NT 10-K SEC ACT: 1934 Act SEC FILE NUMBER: 000-54137 FILM NUMBER: 14730103 BUSINESS ADDRESS: STREET 1: 10880 JOHN W. ELLIOTT ROAD STREET 2: SUITE 600 CITY: Frisco STATE: TX ZIP: 75034 BUSINESS PHONE: (972) 294-6450 MAIL ADDRESS: STREET 1: 10880 JOHN W. ELLIOTT ROAD STREET 2: SUITE 600 CITY: Frisco STATE: TX ZIP: 75034 NT 10-K 1 extf10k2013_oxysure.htm 10K EXTENSION extf10k2013_oxysure.htm
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
 
FORM 12b-25
 
NOTIFICATION OF LATE FILING
 
 
SEC FILE NUMBER
000-54137
 
CUSIP NUMBER
69208T101
 
(Check One):
Form 10-K þ
Form 20-F o
Form 1l-K o
Form 10-Q o
Form 10-D o
Form N-SAR o
Form N-CSR o
 
For Year Ended:  December 31, 2013
 
o Transition Report on Form 10-K
o Transition Report on Form 20-F
o Transition Report on Form 11-K
o Transition Report on Form 10-Q
o 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:
 
 
 
PART I - REGISTRANT INFORMATION
 
OxySure Systems, Inc.
Full Name of Registrant
 
 
Former Name if Applicable
 
10880 John W. Elliott Drive, Suite 600
Address of Principal Executive Office (Street and Number)
 
Frisco, Texas 75033
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)
 
þ
(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, 11-K Form N-SAR or Form N-CSR, 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 subject distribution report on Form 10-D, 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, 10-D, N-SAR, N-CSR, or the transition report or portion thereof, could not be filed within the prescribed time period.

On August 1, 2013 the OxySure Systems Inc.'s Board of Directors engaged Sadler, Gibb & Associates, LLC ("Sadler") as the Company's independent registered public accounting firm for the year ending December 31, 2013. Prior to that, the Company's independent registered public accounting firm was Sam Kan & Company (“SKC”). On March 5, 2014, the Company received a letter from the Securities & Exchange Commission advising that SKC has lost the privilege of appearing or practicing before the Commission as an accountant, effective February 20, 2014. This means that SKC is unable to re-issue the Company’s 2012 audited financial statements (or any other public company’s financials on or after February 20, 2014). As a consequence, the Company is required to have its 2012 financial statements re-audited by Sadler, along with audit of the 2013 financial statements. As a result, OxySure could not complete its financial closing and filing process prior to March 31, 2013. Accordingly, the Form 10-K cannot be filed within the prescribed time period without unreasonable effort or expense.

OxySure currently anticipates that the Form 10-K for the year ended December 31, 2013 will be filed as soon as practicable and no later than Tuesday, April 15, 2014.

PART IV - OTHER INFORMATION

(1) 
Name and telephone number of person to contact in regard to this notification

Julian T. Ross
  
(972)
  
294-6450
(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). Yes þ  No o
 
(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?  Yes o No þ
 
 
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.
 
 
 
 
 
OxySure Systems, 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: March 31, 2014   
By:
/s/ Julian T. Ross
  
   
Julian T. Ross,
  
   
Chief Executive Officer and Chief Financial Officer
  
       
 
INSTRUCTION:  The form may be signed by an executive officer of the registrant or 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).