c58204_12b25.htm -- Converted by SEC Publisher, created by BCL Technologies Inc., for SEC Filing

U.S. SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

FORM 12b-25

NOTIFICATION OF LATE FILING

SEC FILE NO. 1-8546

CUSIP NUMBER 871551107

(Check One):

o  Form 10-K o  Form 20-F o Form 11-K x  Form 10-Q
o  Form N-SAR o  Form N-CSR

 

  For Period Ended:                  May 30, 2009  
     
  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
 

Full Name of Registrant: Syms Corp

Former Name if Applicable: NA

Address of Principal Executive Office: One Syms Way, Secaucus, New Jersey 07094

 

 

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)

x   (a) The reason described in reasonable detail in Part III of this form could not be eliminated without unreasonable effort or expense;
 
x   (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
   
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, 10-D, N-SAR, N-CSR, or the transition report or portion thereof, could not be filed within the prescribed time period.

      The registrant requires additional time to complete its financial review of first quarter operations principally as a result of the management time and attention required to integrate the Filene’s Basement business after the registrant’s acquisition of that business on June 18, 2009.

Part IV -- Other Information

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

Philip A. Piscopo,       
Vice President and Chief Financial Officer    201-902-9600 

 
(Name and Title)    (Area Code) 
(Telephone Number) 

      (2) Have all other periodic reports required under Sections 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            __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?

X Yes            __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.

It is anticipated that the registrant will report a pre-tax loss of approximately $2.0 million for the quarter ended May 30, 2009, as compared with pre-tax income of $2.1 million for the quarter ended May 31, 2008. This change principally reflects a decline in sales, which the registrant believes is reflective of the impact of the economic downturn on retail clothing stores, as well as transactional costs associated with the registrant’s recently acquisition of the assets of Filene’s Basement, Inc.

Syms Corp
(Name of Registrant as Specified in Charter)

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

Date: July 9, 2009  By: /s/ Philip A. Piscopo 
  Name: Philip A. Piscopo 
  Title: Vice President and Chief Financial 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)
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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 a report within the time period prescribed due to difficulties in electronic filing should comply with either Rule 201 or Rule 202 of Regulation S-T (§232.201 or §232.202 of this chapter) or apply for an adjustment in filing date pursuant to Rule 13(b) of Regulation S-T (§232.13(b) of this chapter).