NT 10-K 1 bc12b25form10-k2001.txt UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 12b-25 SEC File Number 1-12396 CUSIP Number 07384R-30-9 NOTIFICATION OF LATE FILING (Check one): [x] Form 10-K [ ] Form 20-F [ ] Form 11-K [ ] Form 10-Q [ ] Form N-SAR For Period Ended: December 31, 2001 [ ] 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: ________________________ If the notification relates to a portion of the filing checked above, identify the Item(s) to which the notification relates: Not applicable PART I - REGISTRANT INFORMATION THE BEARD COMPANY Full Name of Registrant Former Name if Applicable Enterprise Plaza, Suite 320 5600 N. May Address of Principal Executive Office (Street and Number) Oklahoma City, Oklahoma 73112 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, For 20-F, 11-K or Form N-SAR, or portion thereof, [x] 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 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 Forms 10-K, 20-F, 11-K, 10-Q, N-SAR, or the transition report portion thereof, could not be filed within the prescribed time period. The Beard Company (the "Company") is in the process of finalizing a private placement offering which would constitute a material subsequent event. The Company hopes to have all or a major portion of the placement subscribed by the extended due date of the Form 10K. In addition, the Company is a plaintiff in a suit in which a Final Hearing is scheduled on April 8, 2002 where the presiding judge will decide whether the proposed settlement between the parties involved is fair and reasonable. The Company believes the settlement will be concluded in the May to June time frame of this year with anticipated proceeds to the Company of approximately $3.5 million. Distribution of the proceeds will have a significant impact on the Company's liquidity. While third parties have been attempting to intervene in the case and there exists a possibility that that appeals could delay the settlement or that intervening parties could ultimately cause the settlement to be overturned, the Company believes the likelihood of the settlement being overturned is remote. Disclosures in the Form 10K could be impacted by the decisions rendered at the April 8, 2002 hearing. The Company feels disclosures based upon the latest information available regarding these items would be beneficial to the reader of the consolidated financial statements. The issues could not be resolved in time to meet the required filing deadline. PART IV - OTHER INFORMATION (1) Name and telephone number of person to contact in regard to this notification Herb Mee, Jr. 405 842-2333 President - Chief (Area Code) (Telephone Number) Financial Officer (Name) (2) Have all other periodic reports required under Section 13 or 15(d) or 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 registratn 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? [ ] 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. The Beard Company (the "Company") anticipates that there will be a significant change in results of operations from the year ended December 31, 2000 to the year ended December 31, 2001. The Company anticipates that its 2001 results of operations will reflect a loss in excess of $2.32 million, compared to a loss of $3.03 million for 2000. SIGNATURES THE BEARD COMPANY has caused this notification to be signed on its behalf by the undersigned hereunto duly authorized. By: HERB MEE, JR. Herb Mee, Jr. President - Chief Financial Officer Date: April 1, 2002