Form: NT 10-K

Notice under Rule 12b25 of inability to timely file all or part of a Form 10-K, 10-KSB, or 10-KT

December 31, 2002


    UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

FORM 12b-25

NOTIFICATION OF LATE FILING 		   

Commission File Number: 0001074828


(CHECK ONE):
 
ý Form 10-KSB
 
o Form 20-F
 
o Form 11-K
 
o Form 10-Q
 
o Form N-SAR

 
 
 
 
 
 
 
 
 
 
 
    For Period Ended:   September 30, 2002
    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:  
READ INSTRUCTION (ON BACK PAGE) BEFORE PREPARING FORM. PLEASE PRINT OR TYPE.
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

STARBERRYS CORPORATION
Full Name of Registrant

Cigar King Corporation
Former Name if Applicable

2236 Folkestone Way, Suite 21
Address of Principal Executive Office (Street and Number)

West Vancouver, BC, Canada V7S 2X7
City, State and Zip Code

PART II — RULES 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)

ý   (a)   The reasons described in reasonable detail in Part III of this form could not be eliminated without unreasonable effort or expense;
ý   (b)   The subject annual report, semi-annual report, transition report on Form 10-K, Form 20-F, 11-K or Form N-SAR, or portion thereof, will be filed on or before the fifteenth calendar day following the prescribed due date; or the subject quarterly report of transition report on Form 10-Q, or portion thereof will be filed on or before the fifth calendar day following the prescribed due date; and
o   (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 Forms 10-K, 20-F, 11-K, 10-Q, N-SAR, or the transition report or portion thereof, could not be filed within the prescribed time period.

        A delay in receiving finalized annual audited financial information from the Company's auditors and the inability to incorporate that information into the Form 10-KSB has caused the inability to file timely.

(ATTACH EXTRA SHEETS IF NEEDED)
SEC 1344 (2/11/2002)

PART IV — OTHER INFORMATION

(1)   Name and telephone number of person to contact in regard to this notification



 
 
 
 
 
 
    John H. Goodwin
(Name) 		  (604)
(Area Code) 		  922-0113
(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 answer is no, identify report(s).

 
 
 
 
 
 
ý Yes        o 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?
            o Yes        ý 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.
             

 
 



 
 
 
 
 
 
        Starberrys Corporation
(Name of Registrant as Specified in Charter)
 		   

has caused this notification to be signed on its behalf by the undersigned hereunto duly authorized.


Date
 
December 30, 2002
 
By
 
/s/  JOHN H. GOODWIN      
        Name:   John H. Goodwin
        Title:   Chairman, President & CEO

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).