-----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, SUJbqNLvY6qv8Jxqaaz0JuoB+XjELOAoDH5a45suZn7oOdaLN+C8k5S+JCeYNPHJ YZKi4QcrmRdmZVwVoEd/oQ== 0000909334-05-000341.txt : 20051115 0000909334-05-000341.hdr.sgml : 20051115 20051115133708 ACCESSION NUMBER: 0000909334-05-000341 CONFORMED SUBMISSION TYPE: NT 10-Q PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20050930 FILED AS OF DATE: 20051115 DATE AS OF CHANGE: 20051115 EFFECTIVENESS DATE: 20051115 FILER: COMPANY DATA: COMPANY CONFORMED NAME: BEARD CO /OK CENTRAL INDEX KEY: 0000909992 STANDARD INDUSTRIAL CLASSIFICATION: INDUSTRIAL INORGANIC CHEMICALS [2810] IRS NUMBER: 730970298 STATE OF INCORPORATION: OK FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: NT 10-Q SEC ACT: 1934 Act SEC FILE NUMBER: 001-12396 FILM NUMBER: 051205749 BUSINESS ADDRESS: STREET 1: 5600 N MAY AVE STREET 2: STE 320 CITY: OKLAHOMA CITY STATE: OK ZIP: 73112 BUSINESS PHONE: 4058422333 MAIL ADDRESS: STREET 1: 5600 N MAY STREET 2: STE 320 CITY: OKLAHOMA CITY STATE: OK ZIP: 73112 FORMER COMPANY: FORMER CONFORMED NAME: BEARD INVESTMENT CO DATE OF NAME CHANGE: 19930730 NT 10-Q 1 bc10qform12b25-111505.txt SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 12b-25 Commission File Number 001-12396 NOTIFICATION OF LATE FILING (Check One): [_] Form 10-K [_] Form 11-K [_] Form 20-F [x] Form 10-Q [_] Form N-SAR For Period Ended: September 30, 2005 [_] 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 attached instruction sheet 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 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 RULE 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, 20-F, 11-K or Form N-SAR, or portion thereof will [x] | 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-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 the Form 10-K, 11-K, 20-F 10-Q, N-SAR or the transition report portion thereof could not be filed within the prescribed time period. (Attach extra sheets if needed.) The personnel responsible for the preparation of the Form 10Q have been primarily engaged in preparing what has become a lengthy response to questions raised by the SEC's Accounting Branch about The Beard Company's (the "Company") Form 10K for the year ended December 31, 2004. The response involves complex issues and necessitates obtaining information from or about several other parties or entities and has consumed a significant amount of time that Beard personnel would normally devote to the preparation of the Form 10Q. In addition, the Company utilizes decentralized accounting for the operations of several of the subsidiaries in the consolidated group. As a result of delays in closing the books of accounts of several of the Company's subsidiaries and due to the matter discussed above, more time is needed to prepare complete and accurate consolidated financial statements. The issues involved 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. President - Chief Financial Officer 405 842-2333 (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 the 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. The Company anticipates there will be a significant change in results of operations from the nine months ended September 30, 2004 to the nine months ended September 30, 2005. The Company presently anticipates that its results of operations for the nine months ended September 30, 2005 will reflect a loss of $1,324,000 compared to earnings of $1,488,000 for the nine months ended September 30, 2004. The primary reason for the $2,812,000 deterioration in results is the receipt, in 2004, of $2,943,000 in litigation settlement proceeds with no comparable receipt in the first nine months of 2005. THE BEARD COMPANY has caused this notification to be signed on its behalf by the undersigned thereunto duly authorized. Date November 15, 2005 By: /s/ Herb Mee, Jr. Herb Mee, Jr. President - Chief Financial Officer -----END PRIVACY-ENHANCED MESSAGE-----