SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 12b-25
Commission File Number 001-15035
NOTIFICATION OF LATE FILING
|_| Form 10-K |_| Form 11-K |_| Form 20-F |X| Form 10-Q
|_| Form N-SAR
For Period Ended: September 30, 2004
|_| Transition Report on Form 10-K |_| Transition Report on Form 10-Q
|_| Transition Report on Form 20-F |_| Transition Report on Form N-SAR
For the Transition Period Ended: _______________________________________
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
Full name of registrant Able Energy, Inc.
Former name if applicable
Address of principal executive office 198 Greenpond Road
City, state and zip code Rockaway, New Jersey 07866
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.)
(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 10-Q,
or portion thereof will be filed on or before the 15th
|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 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.
The registrant is in the process of preparing and reviewing the
financial information of the Company due to the fact that is underwent a change
of operating systems and it needs additional time to verify the accuracy of the
results. The process of compiling and disseminating the information required to
be included in the Form 10-QSB for the relevant quarter, as well as the
completion of the required review of the Company's financial information, could
not be completed without incurring undue hardship and expense. The registrant
undertakes the responsibility to file such quarterly report no later than
fifteen days after its original date.
PART IV
OTHER INFORMATION
(1) Name and telephone number of person to contact in regard to this
notification
Timothy Harrington (973) 625-1012
(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
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.
For the quarter ended September 30, 2003, the registrant had revenues of
approximately $6,850,212 and a net loss of approximately $(1,511,290). For the
year ended September 30, 2004, the registrant currently estimates that it had
revenues of approximately $7,980,000 and a net loss of approximately
$(1,110,000). Results for the first quarter of the 2005 fiscal year remain
subject to further adjustment and actual results may differ significantly from
the foregoing estimates.
Able Energy, 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: November 16, 2004 By: /s/ Timothy Harrington
----------------------
Timothy Harrington, CEO