NT 10-K 1 f12b25.htm UNITED STATES

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549


FORM 12b-25


NOTIFICATION OF LATE FILING


(Check One):

[ X ] Form 10-KSB   [    ] Form 11-K   [    ] Form 20-F  [    ] Form 10-QSB


For Period Ended: December 31, 2004


[    ] 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: ____________________________


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


DIATECT INTERNATIONAL CORP.

_____________________________________________________

Full Name of Registrant




875 South Industrial Parkway

_____________________________________________________

Address of Principal Executive Office (Street and Number)



Heber City, Utah 84032

_____________________________________________________

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 appropriate box.)


[ X ]  (a) The reasons described in reasonable detail in Part III of this form could not be eliminated without unreasonable effort or expense;


[ X ]  (b) The subject annual report, semi-annual report, transition report on Form 10-K, 20-F, 11-K or N-SAR, or portion thereof, will be filed on or before the 15th calendar day following the prescribed due date; or the subject quarterly report or transition report on Form 10-QSB, 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 the reasons why Form 10-K, 11-K, 20-F, 10-QSB, N-SAR, or the transition report or portion thereof, could not be filed within the prescribed time period.


Pursuant to a Form 8-K filed on March 16, 2005; the Company announced that the financial statements for the fiscal year ended December 31, 2003 should no longer be relied upon. After consulting with its present auditors, the Company determined that the financial statements for December 31, 2003 and for the year then ended would be reissued with an audit report being issued by the Company’s present auditor. The restatement of certain balance sheet amounts during 2003 will effect the Company’s statement of operations for 2004 and account balances as of December 31, 2004. The process of auditing the year 2003 financial statements has required additional time; however, the result will be that the Company’s Form 10-KSB Report will present comparative audited financial statements.


PART IV

OTHER INFORMATION


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


Dave Andrus     (435) 654-4370

(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 operation for 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

















Diatect International Corp.

(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 30, 2004   By: /s/ Dave Andrus

Dave Andrus,


CEO / President


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)