The Nebraska-based food and consumer goods distributor AMCON Distributing Company has announced that it was not able to file its Quarterly Report on Form 10-Q for the first quarter to the end of December 2005 on time.

In January, the company was unable to file its annual report for the year to the end of September, 2005 due to “uncertainties” surrounding two of its subsidiaries. The company said that it will not be able to file its first-quarter report until the 2005 full-year report has been filed.

AMCON said it did not think it will be in a position to file its annual report for fiscal 2005 before the end of March, and will not be able to file its first-quarter report before 21 April.

“As a result of being unable to file our quarterly report on Form 10-Q for the first quarter ended December 31, 2005, the company will receive a notice from the American Stock Exchange of a failure to timely file the quarterly report which results in a violation of Sections 134, 1003(d) and 1101 of the AMEX Company Guide and AMCON’s agreement with the AMEX,” said chief financial officer Michael James.

Following its failure to file its 2005 annual report, the indicator .LF had been added to the company’s stock symbol in any place the company’s symbol is transmitted with a quotation or a trade. The company said it had submitted a plan to the AMEX that addressed its failure to file its annual report and detailed the action that the company has taken, or will take, that will bring it into compliance no later than March 31, 2006.

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AMCON currently estimates that it made a net loss for the first quarter of around US$1.1m, against a net loss of $0.1m a year earlier.