Attached files
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 10-Q/A
(Amendment No. 1)
[X] QUARTERLY REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE
ACT OF 1934
For the quarterly period ended: September 30, 2012
[ ] TRANSITION REPORT UNDER SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE
ACT OF 1934
For the transition period from __________ to __________
Commission File No. 000-28865
AMINCOR, INC.
(Exact name of registrant as specific in its charter)
Nevada 30-0658859
(State or Other Jurisdiction (I.R.S. Employer
of Incorporation or Organization) Identification No.)
1350 Avenue of the Americas, 24th Floor
New York, NY 10019
(Address of Principal Executive Offices)
(347) 821-3452
(Registrant's Telephone Number, Including Area Code)
Explanatory Note: Relying on the Securities and Exchange Commission's Order
(Securities Exchange Act of 1934 Release No. 68224, November 14, 2012), Amincor,
Inc. (the "Company") is filing this Form 10-Q for the three and nine months
ended September 30, 2012 (the "Report") six days after the filing deadline. As a
result of Hurricane Sandy, the Company's accountants as well as certain
subsidiary companies had no electricity and were unavailable during such storm
and the related aftermath. This limited ability to communicate with the
Company's management for an extended period of time hindered the Company's
ability to file the Report on a timely basis.
Indicate by check mark whether the registrant (1) has filed all reports required
to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during
the preceding 12 months (or for such shorter period that the registrant was
required to file such reports), and (2) has been subject to such filing
requirements for the past 90 days. Yes [X] No [ ]
Indicate by check mark whether the registrant has submitted electronically and
posted on its corporate Web site, if any, every Interactive Data File required
to be submitted and posted pursuant to Rule 405 of Regulation S-T (ss.232.405 of
this chapter) during the preceding 12 months (or for such shorter period that
the registrant was required to submit and post such files). Yes [X] No [ ]
Indicate by check mark whether the registrant is a large accelerated filer, an
accelerated filer, a non-accelerated filer or a smaller reporting company. See
the definitions of "large accelerated filer," "accelerated filer" and "small
reporting company" in Rule 12b-2 of the Exchange Act. (Check one):
Large accelerated filer [ ] Accelerated filer [ ]
Non-accelerated filer [X] Smaller reporting company [ ]
(Do not check if a smaller reporting company)
Indicate by check mark whether the registrant is a shell company (as defined in
Rule 12b-2 of the Exchange Act). Yes [ ] No [X]
As of September 30, 2012, there were 7,478,409 shares of Registrant's Class A
Common Stock and 21,245,190 shares of Registrant's Class B Common Stock
outstanding.
EXPLANATORY NOTE
The purpose of this Amendment No. 1 to the Company's Quarterly Report on Form
10-Q for the quarterly period ended September 30, 2012, filed with the
Securities and Exchange Commission on November 21, 2012 (the "Form 10-Q"), is
solely to furnish Exhibit 101 to the Form 10-Q. Exhibit 101 provides the
financial statements and related notes from the Form 10-Q formatted in XBRL
(Extensible Business Reporting Language).
No other changes have been made to the Form 10-Q. This Amendment No. 1 to the
Form 10-Q continues to speak as of the original filing date of the Form 10-Q,
does not reflect events that may have occurred subsequent to the original filing
date, and does not modify or update in any way disclosures made in the original
Form 10-Q.
Pursuant to rule 406T of Regulation S-T, the Interactive Data Files on Exhibit
101 hereto are deemed not filed or part of a registration statement or
prospectus for purposes of Sections 11 or 12 of the Securities Act of 1933, as
amended, are deemed not filed for purposes of Section 18 of the Securities Act
of 1934, as amended, and otherwise are not subject to liability under those
sections.
ITEM 6. EXHIBITS
31.1+ Chief Executive Officer's Certificate, pursuant to Section 302 of the
Sarbanes-Oxley Act of 2002.
31.2+ Chief Financial Officer's Certificate, pursuant to Section 302 of the
Sarbanes-Oxley Act of 2002.
32.1+ Chief Executive Officer's Certificate, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002.
32.2+ Chief Financial Officer's Certificate, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002.
101++ Interactive data files pursuant to Rule 405 of Regulation S-T.
----------
+ Previously Filed
++ Filed Herewith
2
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned thereunto duly authorized.
AMINCOR, INC.
Date: November 26, 2012 By: /s/ John R. Rice, III
--------------------------------
John R. Rice, III
President
Date: November 26, 2012 By: /s/ Robert L. Olson
--------------------------------
Robert L. Olson
Chief Financial Officer