Notification That Annual Report Will Be Submitted Late (nt 10-k)
31 März 2023 - 12:16PM
Edgar (US Regulatory)
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UNITED
STATES |
OMB
APPROVAL |
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SECURITIES
AND EXCHANGE COMMISSION |
OMB
Number: 3235-0058 |
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Washington,
D.C. 20549 |
Expires:
April 30, 2025 |
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| Estimated average burden |
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hours per response 2.50 |
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FORM
12b-25 |
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SEC
FILE NUMBER |
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NOTIFICATION
OF LATE FILING |
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CUSIP
NUMBER |
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(Check
One): ☒ Form 10-K ☐ Form 20-F ☐ Form 11-K ☐ Form 10-Q ☐ Form 10-D ☐ Form N-CEN ☐ Form N-CSR
For
Period Ended: December 31, 2022
☐ Transition Report on Form 10-K
☐ Transition Report on Form 20-F
☐ Transition Report on Form 11-K
☐ Transition Report on Form 10-Q
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
Evergreen Sustainable Enterprises, Inc. |
Full
Name of Registrant
Former
Name if Applicable
Address
of Principal Executive Office (Street and Number)
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)
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(a) |
The reason described in reasonable detail in Part III of this form
could not be eliminated without unreasonable effort or expense;
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☒ |
(b) |
The subject annual report, semi-annual report, transition report on
Form 10-K, Form 20-F, Form 11-K, Form N-CEN 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. |
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
III — NARRATIVE
State below in reasonable detail why Forms 10-K, 20-F, 11-K,
10-Q, 10-D, N-CEN, N-CSR, or the transition report or portion thereof, could not be filed within the prescribed time period.
The registrant is not able to timely file its requisite annual report
on Form 10-K for the fiscal year ended December 31, 2022, by the prescribed due date without incurring undue hardship and expense. The
Registrant anticipates that it will file its Form 10-K within the next few days, which will be past its customary timely filing date,
and, in any case, on or before the fifteenth calendar day extension provided by Exchange Act Rule 12b-25.
PART
IV -- OTHER INFORMATION
| (1) | Name
and telephone number of person to contact in regard to this notification |
Dean M. Colucci, Esq. |
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973 |
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424-2020 |
(Name) |
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(Area
Code) |
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(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
Form 8-K/A (due March 24,
2023)
| (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.
Evergreen Sustainable Enterprises, 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
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March
30, 2023 |
By |
Gary C. Evans |
INSTRUCTION: The form may be signed by an executive officer of
the registrant or 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). |
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. |
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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. |
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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. |
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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. |
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5. | Interactive data submissions. This form shall not be used by electronic filers with respect
to the submission or posting of an Interactive Data File (§232.11 of this chapter). Electronic filers unable to submit or post
an Interactive Data File within the time period prescribed should comply with either Rule 201 or 202 of Regulation S-T (§232.201
and §232.202 of this chapter). |
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