UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
WASHINGTON,
D.C. 20549
FORM
12b-25
NOTIFICATION
OF LATE FILING
Commission
File Number: 1-13752
(Check
One:) x Form 10-K
o
Form 20-F o Form 11-K
o Form 10-Q o
Form 10D
o
Form N-SAR o Form
N-CSR
For
Period Ended: December
31, 2007
o
Transition Report on
Form 10-K
o
Transition Report on Form 20-F
o
Transition Report on Form 11-K
o
Transition Report on Form 10-Q
o
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:
N/A
___________________________________________________________________________________________
PART
I
REGISTRANT
INFORMATION
___________________________________________________________________________________________
|
Full
Name of Registrant:
|
Smith-Midland
Corporation
|
|
Former
Name if Applicable:
|
Not
Applicable
|
|
|
5119
Catlett Road, P.O. Box 300
|
|
City,
state, and zip code
|
Midland,
Virginia 22728
|
___________________________________________________________________________________________
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;
(b) 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
(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 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
Form
10-K could not be filed within the prescribed time due to the recent resignation
of the Chief Financial Officer of the Registrant and due to the added demands
to
comply with Section 404 of the Sarbanes-Oxley Act.
____________________________________________________________________________________________
OTHER
INFORMATION
____________________________________________________________________________________________
(1) Name
and
telephone number of person to contact in regard to this
notification
|
Rodney
I. Smith
|
(540)
439-3266
|
(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 answer is no, identify
report(s).
x
Yes oNo
(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 o 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.
The
Registrant has preliminarily determined that its unaudited pre-tax income for
the year ended December 31, 2007 was $2,128,000, as compared to a pre-tax loss
of $1,260,000 in 2006. As of March 28, 2008, the Registrant’s unaudited
production backlog was approximately $15,700,000, as compared to approximately
$8,100,000 at March 28, 2007.
The
Company also maintains a regularly occurring repeat customer business, which
should be considered in addition to the ordered production backlog described
above. These orders typically have a quick turn around and represent purchases
of a significant portion of the Company’s inventoried standard products, such as
highway safety barrier, utility and Easi-Set® building products. Historically,
this regularly occurring repeat customer business is equal to approximately
$7,000,000 (unaudited) annually.
Smith-Midland
Corporation
(Name
of
Registrant as Specified in Charter)
has
caused this notification to be signed on its behalf by the undersigned thereunto
duly authorized.
| |
|
|
| Date:
March 31, 2008 |
By: |
/s/
Rodney I. Smith |
| |
Rodney
I. Smith |
| |
Chief
Executive Officer |
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.
ATTENTION
Intentional
misstatements or omissions of fact constitute Federal criminal
violations
(see 18 U.S.C.1001)