UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D. C. 20549
Form 10-K/A
Amendment No. 1
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ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES
EXCHANGE ACT OF 1934 |
For the fiscal year ended September 30, 2008
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TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934 |
For the transition period from to
Commission file number: 0-26906
ASTA FUNDING, INC.
(Exact Name of Registrant Specified in its Charter)
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Delaware
(State or other jurisdiction of
incorporation or organization)
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22-3388607
(I.R.S. Employer
Identification No). |
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| 210 Sylvan Avenue, Englewood |
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| Cliffs, NJ
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07632 |
| (Address of principal executive offices)
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(Zip Code) |
Issuer’s telephone number, including area code: (201) 567-5648
Securities registered pursuant to Section 12(b) of the Exchange Act: None
Securities registered pursuant to Section 12(g) of the Exchange Act:
Common Stock, par value $.01 per share
(Title of Class)
Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule
405 of the Securities Act
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Indicate by check mark if the registrant is not required to file reports pursuant to Section
13 or Section 15(d) of the Act
Yes o No þ
Indicate by check mark whether the registrant: (1) filed all reports required to be filed by
Section 13 or 15(d) of the Exchange Act of 1934 during the preceding 12 months (or for such shorter
period that the registrant was required to file such reports), and (2) has been subject to such
filing requirements for the past 90 days. Yes þ No o
Indicate by check mark if disclosure of delinquent filers pursuant to Item 405 of Regulation
S-K (Section 229.405 of this chapter) is not contained herein, and will not be contained, to the
best of the registrant’s knowledge, in definitive proxy or information statements incorporated by
reference in Part III of this Form 10-K or any amendment to this Form 10-K. o
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting company. See the definitions of “large accelerated filer,” “accelerated filer” and “smaller reporting company” in Rule 12b-2 of the Exchange Act. (Check one):
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Accelerated filer þ |
Non-accelerated filer o
(Do not check if a smaller reporting company) |
Smaller reporting company o |
Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of
the Act). Yes o No þ
The aggregate market value of voting and nonvoting common equity held by non-affiliates of the
registrant was approximately $147,869,000, as of the last business day of the registrant’s most
recently completed second fiscal quarter.
As of March 10, 2008, the registrant had 14,271,824 shares of Common Stock issued and
outstanding.
TABLE OF CONTENTS
FORM 10-K/A
TABLE OF CONTENTS
Explanatory Note
This Amendment No. 1 on Form 10-K/A (this “Amendment No. 1”) to our Annual Report on Form 10-K
for the year ended September 30, 2008 (the “Annual Report”) is being filed to include Exhibit 23.1
and Exhibit 23.2 the Consent of Independent Registered Public Accounting Firm, which were
inadvertently left out of the Annual Report on Form 10-K filed with Securities and Exchange
Commission on February 20, 2009.Except as described above, no other changes have been made to the
Annual Report, and this Amendment No. 1 does not amend or update any other information contained in
the Annual Report.
Caution Regarding Forward Looking Statements
This Amendment No. 1 contains certain forward-looking statements within the meaning of the
Private Securities Litigation Reform Act of 1995. Forward-looking statements typically are
identified by use of terms such as “may”, “will”, “should”, “plan”, “expect”, “anticipate”,
“estimate”, and similar words, although some forward-looking statements are expressed differently.
Forward looking statements represent our judgment regarding future events, but we can give no
assurance that such judgments will prove to be correct. Such statements are subject to risks and
uncertainties that could cause actual results to differ materially from those projected in such
forward-looking statements. Certain factors which could materially affect our results and our
future performance are described under “Risk Factors” and “Critical Accounting Policies” in “Item 7
- Management’s Discussion and Analysis of Financial Condition and Results of Operations” in the
Annual Report, as amended by this Amendment No. 1. Forward-looking statements are inherently
uncertain as they are based on current expectations and assumptions concerning future events and
are subject to numerous known and unknown risks and uncertainties. We caution you not to place
undue reliance on these forward-looking statements, which are only predictions and speak only as of
the date of the Annual Report or this Amendment No. 1, as the case may be. Except as required by
law, we undertake no obligation to update or publicly announce revisions to any forward-looking
statements to reflect future events or developments. Unless the context otherwise requires, the
terms “we”, “us”, “the Company”, or “our” as used herein refer to Asta Funding, Inc. and our
subsidiaries.
2
Part IV
Item 15. Exhibits, Financial Statement Schedules.
The following exhibits are filed with this Amendment No. 1 to Annual Report on Form 10-K/A.
The Company undertakes to furnish to any stockholder so requesting a copy of any of the
following exhibits upon payment to us of the reasonable costs incurred by us in furnishing any such
exhibit.
The following documents are filed as part of this Amendment No. 1 to Annual Report on Form
10-K/A.
2. Exhibits
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23.1 |
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Consent of the Independent Registered Public Accounting Firm |
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23.2 |
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Consent of the Independent Registered Public Accounting Firm |
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31.1 |
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Certification of Registrant’s Chief Executive Officer, Gary Stern,
pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. |
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31.2 |
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Certification of Registrant’s Chief Financial Officer, Robert J.
Michel, pursuant to Section 302 of the Sarbanes-Oxley Act of 2002. |
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32.1 |
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Certification of the Registrant’s Chief Executive Officer, Gary
Stern, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002. |
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32.2 |
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Certification of the Registrant’s Chief Financial Officer, Robert
J. Michel, pursuant to Section 906 of the Sarbanes-Oxley Act of
2002. |