Notification of Late Filing (10-K) on Form 12b-25

(Check One):

    x  Form 10-K

    ¨  Form 11-K

    ¨  Form 20-F

    ¨  Form 10-Q

    ¨  Form N-SAR

    ¨  Form N-CSR

 

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

FORM 12b-25

 

NOTIFICATION OF LATE FILING

 

Commission File Number

001-10741

 

    For Period Ended: December 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 attached instruction sheet before preparing form. Please print or type.

 

Nothing in this form shall be construed to imply 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

 

 

Provena Foods Inc.

_____________________________________________________________________________________________

Full name of registrant

 

Not Applicable

_____________________________________________________________________________________________

Former name if applicable

 

5010 Eucalyptus Avenue

_____________________________________________________________________________________________

Address of principal executive office (Street and number)

 

Chino, California 91710

_____________________________________________________________________________________________

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.)

 

x

  (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 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 the reasons why 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 Registrant is negotiating a forebearance agreement with Comerica Bank dated March 28, 2005 and the sale of two buildings. These two items are taking an inordinate amount of the accounting staff’s time.

 


 

PART IV

OTHER INFORMATION

 

(1) Name and telephone number of person to contact in regard to this notification

 

Thomas J. Mulroney      (909)    627-1082
(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

 

Earnings for this year will be a net loss of ($1,229,855) after a profit of $18,233 in the same period of a year ago.

 


 

 

Provena Foods Inc.

_____________________________________________________________________________________________

(Name of Registrant as Specified in Charter)

 

Has caused this notification to be signed on its behalf by the undersigned thereunto duly authorized.

 

Date 

  March 31, 2005       By:   /s/    THOMAS J. MULRONEY        
               

Thomas J. Mulroney,

Chief Financial Officer

 

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 omission of fact constitute Federal criminal violations (see 18 U.S.C. 1001).

 

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