- Notification that Annual Report will be submitted late (NT 10-K)
March 30 2009 - 1:02PM
Edgar (US Regulatory)
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OMB
APPROVAL
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UNITED STATES
SECURITIES AND EXCHANGE
COMMISSION
Washington, D.C.
20549
FORM
12b-25
NOTIFICATION OF LATE
FILING
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OMB
Number: 3235-0058
Expires:
April 30, 2009
Estimated
average burden hours per response . . . 2.50
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SEC
FILE NUMBER
000-52298
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CUSIP
NUMBER
56064H107
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(Check
one):
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x
Form
10-K
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o
Form
20-F
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o
Form
11-K
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o
Form
10-Q
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o
Form
10-D
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o
Form
N-SAR
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o
Form
N-CSR
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For Period
Ended:
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December 31,
2008
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o
Transition Report on Form
10-K
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o
Transition Report on Form
20-F
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o
Transition Report on Form
11-K
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o
Transition Report on Form
10-Q
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o
Transition Report on Form
N-SAR
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For the Transition Period
Ended:
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Read Instructions (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.
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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: Not Applicable
PART I — REGISTRANT
INFORMATION
MainStreet Financial
Corporation
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Full Name of
Registrant
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N/A
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Former Name if
Applicable
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629 W. State
Street
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Address of Principal Executive
Office
(Street and
Number)
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Hastings, Michigan
49058
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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)
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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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x
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(b)
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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 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)
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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 Registrant is re-evaluating its
conclusions regarding the other than temporary impairment of a security it holds
based on proposed changes to the relevant accounting standards. On March
17, 2009, FASB issued Proposed FSB FAS 115-a, FAS 124-a and EITF 99-20-b.
Comments are due on April 1 and the Registrant believes FASB intends to promptly
issue final guidance and believes that these new rules may affect our impairment
assessment and conclusions at December 31, 2008 which could materially affect
our financial statements for the year ended December 31,
2008.
SEC 1344
(05-06)
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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.
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(Attach extra Sheets if
Needed)
PART IV — OTHER
INFORMATION
(1)
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Name and telephone number of
person to contact in regard to this notification
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James R.
Toburen
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269
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945-9561
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(Name)
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(Area Code)
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(Telephone
Number)
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(2)
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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).
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x
Yes
o
No
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(3)
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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?
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x
Yes
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No
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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.
The Registrant cannot make a
reasonable estimate of the results because, as noted in its response in
Part III, it is still evaluating the extent to which it should recognize
any impairment charges relating to certain investments held in its
securities portfolio, and whether any such charges should be recognized in
the year ended December 31, 2008.
The Registrant has reported losses
in fiscal 2007 and 2006 and will report a loss for fiscal
2008. As economic conditions in the Registrant’s market area
continue to deteriorate and unemployment rates continue to rise, the
Registrant’s non-performing assets, and the costs associated therewith,
continue to increase.
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MainStreet Financial
Corporation
(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,
2009
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/s/ James R.
Toburen
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Name: James R.
Toburen
Title: Senior Vice
President, Treasurer and Chief Financial
Officer
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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.
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ATTENTION
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Intentional misstatements or
omissions of fact constitute Federal Criminal Violations (See 18 U.S.C.
1001).
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