NT 10-Q: Notice under Rule 12b25 of inability to timely file all or part of a form 10-Q or 10-QSB
Published on November 15, 2005
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
FORM
12b-25
Commission
File Number 001-09819
NOTIFICATION
OF LATE FILING
(Check
one): [
] Form
10-K [ ] Form 20-F [ ] Form 11-K [X] Form 10-Q
[
] Form
10-D [ ] Form N-SAR [ ] Form N-CSR
For
Period Ended: September
30, 2005
[
]
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:
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
Dynex
Capital, Inc.
Full
Name
of Registrant
N/A
Former
Name if Applicable
4551
Cox Road, Suite 300
Address
of Principal Executive Office (Street and Number)
Glen
Allen, Virginia 23060
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.)
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[
X
]
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(a)
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The
reason described in reasonable detail in Part III of this form
could not
be eliminated without unreasonable effort or expense;
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(b)
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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
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(c)
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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 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
Company was unable to complete its Quarterly Report on Form 10-Q for the
quarter
ended September 30, 2005 by the prescribed date, as a result of internal
coordination following its change in independent registered public accounting
firms on October 12, 2005. The Company is in the process of finalizing its
filing and will file the Form 10-Q as soon as possible (and no later than
the
5th
calendar
day following the prescribed due date). The Company could not eliminate the
foregoing difficulty without unreasonable effort and expense, including hiring
(if available) additional professional staff on a short-term basis.
PART
IV — OTHER INFORMATION
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(1)
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Name
and telephone number of person to contact in regard to this notification.
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Stephen
J. Benedetti
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804
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217-5837
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(Name)
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(Area
Code)
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(Telephone
Number)
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(2)
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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).
Yes
[ X ] No [ ]
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(3)
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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 [ ] No [X]
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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.
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Dynex
Capital, Inc.
(Name
of
Registrant as Specified in Charter)
has
caused this notification to be signed on its behalf by the undersigned hereunto
duly authorized.
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Date:
November 14, 2005
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By: /s/
Stephen J. Benedetti
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Stephen
J. Benedetti
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Executive
Vice President and Chief Financial
Officer
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