UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 12b-25
NOTIFICATION OF LATE FILING
Commission File Number 333-7480
(Check One):
|_| Form 10-K |X| Form 20-F |_| Form 11-K |_| Form 10-Q |_| Form 10-D
|_| Form N-SAR |_| Form N-CSR
For Period Ended: December 31, 2008
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|_| Transition Report on Form 10-K
|_| Transition Report on Form 20-F
|_| Transition Report on Form 11-K
|_| Transition Report on Form 10-Q
|_| Transition Report on Form N-SAR
For the Transition Period Ended:
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Read attached instruction sheet 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 items(s) to which the notification relates:
Note 21 to Item 18, Report of Independent Registered Public Accounting Firms,
Item 15: "Controls and Procedures - Attestation Report of the Registered Public
Accounting Firm" and the discussion of the reconciliation of Mexican FRS to US
GAAP in Item 5: "Operating and Financial Review and Prospects", A. "Operating
Results" to our Annual Report on Form 20-F/A for the year ended December 31,
2008.
PART I
REGISTRANT INFORMATION
Industrias Bachoco, S.A.B. de C.V.
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Full Name of Registrant:
Industrias Bachoco, S.A. de C.V.
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Former Name if Applicable:
Avenida Tecnologica No. 401
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Address of Principal Executive Office (Street and Number):
Ciudad Industrial C.P. 38010 Celaya, Guanajuato, Mexico
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City, State and Zip Code:
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|
1. The reasons described in reasonable detail in Part III of this form could
not be eliminated without unreasonable effort or expense;
2. The subject annual report, semi-annual report, transition report on Form
10-K, 20-F, 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
3. The accountant's statement or other exhibit required by Rule 12b-25(c) has
been attached if applicable.
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PART III
NARRATIVE
State below in reasonable detail the reasons 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 Registrant respectfully notifies the Securities and Exchange Commission that
it was unable to complete Note 21 to its Consolidated Financial Statements
included in Item 18 to its Annual Report on Form 20-F/A for the year ended
December 31, 2008 (the "2008 Annual Report"), the discussion of the
reconciliation of Mexican FRS to US GAAP in Item 5: "Operating and Financial
Review and Prospects", A. "Operating Results" thereto and the Attestation Report
of the Registered Public Accounting Firm in Item 15: "Controls and Procedures"
thereto in a timely manner without unreasonable effort and expense. The 2008
Annual Report also omits the Report of our Independent Registered Public
Accounting Firms. Our external auditors require additional time to complete
their audit of the reconciliation of our Consolidated Financial Statements under
Mexican FRS to U.S. GAAP. The Registrant is working diligently with them to
finalize the disclosure and complete all other actions required and expects to
file its complete 2008 Annual Report no later than July 15, 2009.
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PART IV
OTHER INFORMATION
(1) Name and telephone number of person to contact in regard to this
notification
Daniel Salazar Ferrer 011-52-461-618-3555
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(Name) (Area Code) (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 the
answer is no, identify report(s).
|X| Yes |_| 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?
|_| Yes |X| No
Industrias Bachoco, S.A.B. de C.V.
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(Name of Registrant as Specified in Charter)
has caused this notification to be signed on its behalf by the undersigned
thereunto duly authorized.
Date: July 1, 2009 By: /s/ Daniel Salazar Ferrer
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Name: Daniel Salazar Ferrer
Title: Chief Financial Officer
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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
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Intentional misstatements or omissions of fact constitute Federal Criminal
Violations (See 18 U.S.C. 1001).
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GENERAL INSTRUCTIONS
1. This form is required by Rule 12b-25 (17 CFR 240.12b-25) of the General
Rules and Regulations under the Securities Exchange Act of 1934.
2. One signed original and four conformed copies of this form and
amendments thereto must be completed and filed with the Securities and Exchange
Commission, Washington, D.C. 20549, in accordance with Rule 0-3 of the General
Rules and Regulations under the Act. The information contained in or filed with
the form will be made a matter of public record in the Commission files.
3. A manually signed copy of the form and amendments thereto shall be
filed with each national securities exchange on which any class of securities of
the registrant is registered.
4 Amendments to the notifications must also be filed on form 12b-25 but
need not restate information that has been correctly furnished. The form shall
be clearly identified as an amended notification.
5. Electronic Filers. This form shall not be used by electronic filers
unable to timely file a report solely due to electronic difficulties. Filers
unable to submit reports within the time period prescribed due to difficulties
in electronic filing should comply with either Rule 201 or Rule 202 of
Regulation S-T (Sec. 232.201 or Sec. 232.202 of this chapter) or apply for an
adjustment in filing date pursuant to Rule 13(b) of Regulation S-T (Sec.
232.13(b) of this chapter).
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