Unassociated Document
SECURITIES
AND EXCHANGE COMMISSION
WASHINGTON,
D.C. 20549
FORM
12b-25
Commission
File Number 000-33033
NOTIFICATION
OF LATE FILING
[ ] Form
10-K [ ] Form 11-K [
] Form 20-F [X] Form 10-Q
[ ] Form N-SAR
For
Period Ended: March 31, 2009
[ ]
Transition Report on Form 10-K
[ ]
Transition Report on Form 11-K
[ ]
Transition Report on Form 20-F
[ ]
Transition Report on Form 10-Q
[ ]
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
|
hereUare,
Inc.
|
Former
name if
applicable
|
|
Address
of principal executive office
|
228
Hamilton Ave., 3rd floor
|
|
|
City,
state and zip code
|
Palo
Alto, CA 94301
|
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;
|
|
[X]
|
b.
|
The
subject annual report, semi-annual report, transition report on Form 10-K,
11-K, 20-F 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 5th 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.
In light
of Registrant’s staff reductions, it took longer and has been more
difficult than anticipated for the Registrant to close its books for the quarter
and have its financial statements reviewed by Registrant’s outside
accountants.
PART
IV
OTHER
INFORMATION
(1) Name
and telephone number of person to contact in regard to this
notification
Benedict
Van
(650)
798-5288
(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.
In fiscal
2008, there was a non-cash expense of approximately $2.8 million for stock
options included in general and administrative expenses which Registrant does
not expect was repeated to nearly such magnitude in fiscal 2009. In
additional, Registrant expects that all operating expense categories will show a
decline as Registrant reduced its spending due to its cash
shortage.
hereUare,
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: May
15, 2009
By: /s/ Benedict
Van
Benedict
Van, Chief Executive Officer