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{DOCUMENT} {TYPE}NT 10-Q {SEQUENCE}1 {FILENAME}l06883ant10vq.txt {DESCRIPTION}HMI INDUSTRIES INC. NT 10-Q/QTR END 3-31-04 {TEXT} {PAGE} --------------- SEC FILE NUMBER --------------- 2-30905 --------------- --------------- CUSIP NUMBER --------------- 404238 10 7 ---------------
UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549
FORM 12b-25
NOTIFICATION OF LATE FILING
(Check one): / / Form 10-K / / Form 20-F / / Form 11-K /X/ Form 10-Q / / Form N-SAR / / Form N-CSR
For Period Ended: March 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: ________________________________________
-------------------------------------------------------------------------------- Read Instruction (on back page) 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 HMI Industries Inc. -------------------------------------------------------------------------------- Full Name of Registrant
-------------------------------------------------------------------------------- Former Name if Applicable
6000 Lombardo Ctr., Ste 500 -------------------------------------------------------------------------------- Address of Principal Executive Office (Street and Number)
Seven Hills, OH 44131 -------------------------------------------------------------------------------- City, State and Zip Code
PART 11 - 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 reason 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, Form 20-F, Form 11-K, Form N-SAR or Form /X/ 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 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 Forms 10-K, 20-F, 11-K, 10-Q, N-SAR, N-CSR, or the transition report or portion thereof, could not be filed within the prescribed time period.
We are unable to file our Form 10-Q for the quarter ended March 31, 2004 on or before the May 17th due date as the Company is in the process of restating their earnings for the fiscal years ended September 30, 2003, 2002, and 2001 and for the quarter ended December 31, 2003. The Company will file their Form 10-Q for the quarter ended March 31, 2004 as soon as practical after the restatement is completed.
{PAGE} The restatement relates to the technical application of EITF 01-9 for the Company's accounting of its obligations under its "Edge" promotional program for its distributors and the related deferred tax effects. The Company anticipates announcing its restated results for 2003, 2002, and 2001 and the first quarter of fiscal 2004 as soon as possible. Currently, the Company expects that the impact of the restatement over all periods will be a non-cash charge between $3.5 million and $5 million.
None of the items that will be included in the restatement are attributable to fraud or misconduct. The Company believes that the adjustments will not affect its cash position in any prior or future period. In addition, the Company has had positive preliminary discussions with its lender about the impact of this development. The restatement results from the Company's response to a routine comment letter it received from the Securities and Exchange Commission covering prior filings.
PERSONS WHO ARE TO RESPOND TO THE COLLECTION OF INFORMATION CONTAINED IN THIS FORM ARE NOT REQUIRED TO RESPOND UNLESS THE FORM DISPLAYS A CURRENTLY VALID OMB CONTROL NUMBER.
PART IV - OTHER INFORMATION
(1) Name and telephone number of person to contact in regard to this notification Julie A. McGraw 216 986-8008 ----------------------------------------------------------------------- (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). Yes /X/ No / /
(3) Is it anticipated that any significant change in results of operations from the corresponding period for the last fiscal year will be
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{DOCUMENT} {TYPE}NT 10-Q {SEQUENCE}1 {FILENAME}l05835ant10vq.txt {DESCRIPTION}HMI INDUSTRIES INC. NT 10-Q {TEXT} {PAGE}
------------------- SEC FILE NUMBER --------------- 2-30905 -------------------
------------------- CUSIP NUMBER ------------ 404238 10 7 -------------------
UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C. 20549
FORM 12B-25
NOTIFICATION OF LATE FILING
(Check one): / / Form 10-K / / Form 20-F / / Form 11-K /X/ Form 10-Q / / Form N-SAR / / Form N-CSR
For Period Ended: December 31, 2003 ----------------- / / 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.
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
HMI Industries Inc. -------------------------------------------------------------------------------- Full Name of Registrant
-------------------------------------------------------------------------------- Former Name if Applicable
6000 Lombardo Ctr., Ste 500 -------------------------------------------------------------------------------- Address of Principal Executive Office (Street and Number)
Seven Hills, OH 44131 -------------------------------------------------------------------------------- City, State and Zip Code
PART 11 - 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 reason 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, Form 20-F, Form 11-K, Form N-SAR or Form N-CSR, or | portion thereof, will be filed on or before the fifteenth /X/ | 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 Forms 10-K, 20-F, 11-K, 10-Q, N-SAR, N-CSR, or the transition report or portion thereof, could not be filed within the prescribed time period.
We are unable to file our Form 10-Q for the quarter ended December 31, 2003 on or before the February 17th due date as our Form 10-K for the year ended September 30, 2003 has not yet been completed and filed with the Commission. Our Form 10-K has not been filed as we needed additional time to review certain related party transactions and determine the proper treatment of these matters in relation to our Form 10-K. As of February 17, 2004 an examination into the related party transactions has been completed but we are awaiting the final report from the independent auditors and independent counsel with regards to the outcome of such investigation.
PERSONS WHO ARE TO RESPOND TO THE COLLECTION OF INFORMATION CONTAINED IN THIS FORM ARE NOT REQUIRED TO RESPOND UNLESS THE FORM DISPLAYS A CURRENTLY VALID OMB CONTROL NUMBER.
{PAGE} PART IV - OTHER INFORMATION
(1) Name and telephone number of person to contact in regard to this notification
Julie A. McGraw 216 986-8008 --------------------------------------------------------------------------- (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). Yes / / No /X/ Our Form 10-K for the year ended September 30, 2003 has not yet been filed.
(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 /X/
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.
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Notification of Late Filing
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{DOCUMENT} {TYPE}NT 10-K {SEQUENCE}1 {FILENAME}l04815ant10vk.txt {DESCRIPTION}HMI INDUSTRIES INC. {TEXT} {PAGE} --------------- SEC FILE NUMBER --------------- UNITED STATES 2-30905 SECURITIES AND EXCHANGE COMMISSION --------------- WASHINGTON, D.C. 20549 --------------- FORM 12B-25 CUSIP NUMBER --------------- 404238 10 7 ---------------
NOTIFICATION OF LATE FILING
(Check one): [X] Form 10-K [ ] Form 20-F [ ] Form 11-K [ ] Form 10-Q [ ] Form N-SAR [ ] Form N-CSR
For Period Ended: September 30, 2003 ------------------ [ ] 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. 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
HMI Industries Inc. -------------------------------------------------------------------------------- Full Name of Registrant
-------------------------------------------------------------------------------- Former Name if Applicable
6000 Lombardo Ctr., Ste 500 -------------------------------------------------------------------------------- Address of Principal Executive Office (Street and Number)
Seven Hills, OH 44131 -------------------------------------------------------------------------------- City, State and Zip Code
PART 11 - 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 reason 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, Form 20-F, Form 11-K, Form N-SAR or Form N-CSR, or X 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 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 Forms 10-K, 20-F, 11-K, 10-Q, N-SAR, N-CSR, or the transition report or portion thereof, could not be filed within the prescribed time period.
We are unable to file our Form 10-K for the year ended September 30, 2003 on or before the December 29th due date as we need additional time to review certain related party transactions and determine the proper treatment of these matters in relation to our Form 10-K.
PERSONS WHO ARE TO RESPOND TO THE COLLECTION OF INFORMATION CONTAINED IN THIS FORM ARE NOT REQUIRED TO RESPOND UNLESS THE FORM DISPLAYS A CURRENTLY VALID OMB CONTROL NUMBER.
{PAGE}
PART IV - OTHER INFORMATION
(1) Name and telephone number of person to contact in regard to this notification
Julie A. McGraw 216 986-8008 -------------------------------------------------------------------------- (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). Yes [X] 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 [X]
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.
--------------------------------------------------------------------------------
HMI Industries Inc. ------------------- (Name of Registrant as Specified in Charter)
has caused this notification to be signed on its behalf by the undersigned hereunto duly authorized.
Date: December 29, 2003 By: /s/ Julie A. McGraw ----------------- ------------------- Vice President, Chief Financial Officer and Treasurer
INSTRUCTION: The form may be signed by an executive officer of the registrant or
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