How-to guide

How to use the Late Filing Decision Tool

You might miss a filing deadline. This tells you your options and the new clock. Here's how, with three examples.

Missing a 10-K or 10-Q deadline isn't automatically a disaster — but only if you handle the Form 12b-25 (NT) correctly. This tool computes your options and the downstream effects.

What this tool does

You enter the filing, deadline, and reason; it computes the NT extension (five calendar days for a 10-Q, fifteen for a 10-K), whether you qualify, and the effect on S-3 and exchange status.

Who it's for

Controllers and CFOs staring down a deadline they might miss.

How to use it — step by step

  1. Enter the filing and deadline. 10-K or 10-Q and the original due date.
  2. State the reason. Audit delay, restatement, resource constraints, and so on.
  3. Read the extended deadline. The NT window and whether the extension is available to you.
  4. Note the consequences. S-3 eligibility, exchange notices, and Item 4.02 if a restatement is involved.

How to read your result

An NT buys you a short, defined extension if you file it on time and can represent the delay couldn't be cured without unreasonable effort. Watch the downstream S-3 and exchange effects.

Worked examples

The same tool behaves differently depending on what you put in. Here are 3 situations.

Audit not finished

Inputs: A 10-K delayed by audit timing.

What the tool shows: Computes the 15-calendar-day NT-10-K extension and the representation you must make.

What to do: File the NT on time; use the extra days.

A restatement is behind the delay

Inputs: Non-reliance on prior statements.

What the tool shows: Escalates to Item 4.02 territory alongside the NT — a multi-filing response.

What to do: Coordinate the 4.02, the NT, and counsel.

You're an S-3 user

Inputs: You rely on Form S-3 to raise.

What the tool shows: Flags that a late 10-K/10-Q can cost S-3 eligibility for 12 months.

What to do: Weigh the financing impact before you slip.

Common questions

How long is an NT extension? Five calendar days for a 10-Q, fifteen for a 10-K — if filed on time and you qualify.

Is the extension automatic? No — you must file the NT and make a good-faith representation.

Does this replace counsel? No — verify with SEC counsel, especially with a restatement.

Verify with a professional — this is not advice. This tool is a structured starting point, not legal, accounting, or audit advice, and Unfolding Values is not your auditor. It can't see facts you don't enter. Confirm every conclusion with your auditor and SEC counsel before you act or file.