Form NT 10-Q
UNITED
STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM
12b-25
SEC
FILE NUMBER:
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000-28926
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NOTIFICATION
OF LATE FILING
(Check
One):¨ Form 10-K ¨
Form 20-F ¨ Form 11-K ý
Form 10-Q
¨ Form N-SAR ¨
Form 10-D ¨ Form N-CSR
For
Period Ended: December 31, 2006
[ ] 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
Instruction (on back page) Before Preparing Form. Please Print or
Type.
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Nothing
in this form shall be construed to imply that the Commission has
verified
any information contained herein.
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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
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ePlus
inc.
Full
Name of Registrant
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Not
Applicable
Former
Name if Applicable
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13595
Dulles Technology Drive
Address
of Principal Executive Office (Street and
Number)
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Herndon,
Virginia 20171-3413
City,
State and Zip Code
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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)
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(a)
The reasons described in reasonable detail in Part III of this form
could
not be eliminated without unreasonable effort or
expense;
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¨
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(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 or 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
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(c)
The accountant's statement or other exhibit required by Rule 12b-25(c)
has
been attached if applicable.
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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.
The
Company was unable to file its Quarterly Report on Form 10-Q for the period
ended December 31, 2006, by February 14, 2007, the prescribed due date, and
does
not expect that such filing will be made by the February 20, 2007 extended
deadline. The Company requires additional time to prepare its consolidated
financial statements for the year ended March 31, 2006 and the quarters ended
June 30, 2006, September 30, 2006 and December 31, 2006; and, in addition,
restate years ended March 31, 2004, and 2005, and restate the quarters ended
June 30, 2005, September 30, 2005, and December 31, 2005. The Company plans
to
file its Quarterly Report on Form 10-Q for the quarter ended December 31, 2006
as soon as practicable once the final amounts of additional stock-based
compensation expense to be recorded in prior periods, as described below, are
determined.
As
previously reported on Forms 12b-25 filed with the Securities and Exchange
Commission ("SEC") on June 30, 2006, August 15, 2006 and November 15, 2006,
and
as further reported on various Forms 8-K filed with the SEC since July 2006,
the
Audit Committee commenced a review and assessment of stock option grants by
the
Company and engaged independent legal counsel and outside accounting advisors
to
assist in this effort.
Based
on
its review and assessment, the Audit Committee preliminarily has concluded
that
the actual measurement dates for certain stock options granted by the Company
differ from the recorded measurement dates. Accordingly, the Company will
restate its previously issued financial statements for the fiscal years ended
March 31, 2004 and 2005, as well as previously reported interim financial
information, to reflect additional non-cash charges for stock-based compensation
expense in certain reported periods. In addition, the Company's financial
statements as of and for the fiscal year ended March 31, 2006, to be included
in
the Company's annual report on Form 10-K for the fiscal year ended March 31,
2006, will include non-cash charges for stock-based compensation
expense.
The
Company has been diligently working to resolve the issues related to accounting
for stock options granted since its initial public offering in 1996, which
is
the sole reason underlying its delay in filing its annual and quarterly reports.
In this regard, the Company has been reviewing accounting guidance regarding
stock option grants recently published by the accounting staff of the SEC and
has not yet determined the amount of such charges or the resulting tax and
accounting impact. The Company’s determination of the amount of such stock-based
compensation expense is being finalized and is being reviewed by its independent
auditors.
(Attach
Extra Sheets if Needed)
PART
IV-- OTHER INFORMATION
(1)
Name
and telephone number of person to contact in regard to this
notification
Steven
J. Mencarini
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703
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984-8400
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(Name)
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(Area
Code)
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(Telephone
Number)
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(2)
Have all other periodic reports 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 preceeding 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 ý
No
Annual
Report on Form 10-K for the fiscal year ended March 31, 2006
Quarterly
Report on Form 10-Q for the period ended June 30, 2006
Quarterly
Report on Form 10-Q for period ended September 30, 2006
(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? ý 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.
There
may
be significant changes in the results of operations for the quarter ended
December 31, 2006 compared to the quarter ended December 31, 2005. The Company
cannot provide a reasonable estimate and comparison of operating results for
the
quarters ended December 31, 2005 and 2006 at this time because it will need
to
restate certain of its previously filed financial statements.
ePlus
inc.
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(Name
of Registrant as Specified in Charter)
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has
caused this notification to be signed on its behalf by the undersigned hereunto
duly authorized.
Date:
February 15, 2007 By:/s/
Steven J. Mencarini
INSTRUCTION:
The form may be signed by an executive officer of the registrant of 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).
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General
Instructions
1.
This
form is required by Rule 12b-25 (17 CFR 240.12b-25) of the General Rules and
Regulations under the Securities Exchange Act of 1934.
2. One signed
original and four conformed copies of this form and amendments thereto must
be
completed and filed with the Securities and Exchange Commission, Washington,
D.C. 20549, in accordance with Rule 0-3 of the General Rules and Regulations
under the Act. The information contained in or filed with the form will be
made
a matter of public record in the Commission files.
3. A manually signed copy
of the form and amendments thereto shall be filed with each national securities
exchange on which any class of securities of the registrant is registered.
4. Amendments to the notifications must also be filed on form 12b-25
but
need not restate information that has been correctly furnished. The form shall
be clearly identified as an amended notification.
5. Electronic
filers. This form shall not be used by electronic filers unable to timely
file a report solely due to electronic difficulties. Filers unable to submit
a
report within the time period prescribed due to difficulties in electronic
filing should comply with either Rule 201 or Rule 202of Regulation
S-T (§232.201 or §232.202 of this chapter) or apply for an adjustment in filing
date pursuant to Rule 13(b) of Regulation S-T (§232.13(b) of this Chapter).