UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
WASHINGTON,
D.C. 20549
FORM
8-K
CURRENT
REPORT
Pursuant
to Section 13 or 15(d) of the Securities Exchange Act of 1934
April
18, 2006
Date
of
Report (date of Earliest Event Reported)
NEWTEK
BUSINESS SERVICES, INC.
(Exact
Name of Company as Specified in its Charter)
|
NEW
YORK
|
001-16123
|
11-3504638
|
|
(State
or Other Jurisdiction of Incorporation or Organization)
|
(Commission
File No.)
|
(I.R.S.
Employer Identification No.)
|
462
Seventh Avenue, 14th
floor,
New York, NY 10018
(Address
of principal executive offices and zip code)
(212)
356-9500
(Company’s
telephone number, including area code)
NEWTEK
CAPITAL, INC.
(Former
name or former address, if changed from last report)
Check
the
appropriate box below if the Form 8-K filing is intended to simultaneously
satisfy the filing obligation of the registrant under any of the following
provisions (see General Instruction A.2. below):
¨ Written
communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
¨ Soliciting
material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
¨ Pre-commencement
communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
¨ Pre-commencement
communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
ITEM
3.01 Securities
and Trading Markets.
On
April
18, 2006 Newtek Business Services, Inc. was notified by the Nasdaq Listing
Qualifications Department (the “Staff”) that, due to not filing its Annual
Report on Form 10-K for the period ended December 31, 2005, Newtek was not
in
compliance with requirements under NASDAQ Marketplace Rule 4310(c)(14) and
its
common shares, therefore, were subject to delisting from the Nasdaq Stock Market
at the opening of business on April 27, 2006 unless the company requests a
hearing in accordance with applicable Nasdaq Marketplace Rules. Nasdaq
Marketplace Rule 4310(c)(14) requires that issuers are current in their public
filings.
Newtek
intends to file its Annual Report as soon as possible. The filing delay has
been
caused by the reasons described in the Company’s Notification of Late Filing on
Form 12b-25 filed with the Securities and Exchange Commission on March 31,
2006.
The Company also intends to request a hearing before a Nasdaq Listing
Qualifications Panel to review the Staff determination. However, there can
be no
assurance that the Panel will grant the Company’s request for continued
listing.
ITEM
8.01 Other
Events.
On
April
24, 2006 Newtek Business Services, Inc. issued a press release regarding the
receipt of the above-referenced Staff determination, a copy of which press
release is attached as Exhibit 991 hereto and incorporated herein by
reference.
ITEM
9.01. Financial Statements and Exhibits
(c)
Exhibits
|
|
99.1 |
Press
release, Newtek Receives Nasdaq Delisting Determination, April 24,
2006
|
SIGNATURES
In
accordance with the requirements of the Securities Exchange Act of 1934, the
registrant has caused this report to be signed on its behalf by the undersigned,
thereunto duly authorized.
| |
|
|
| |
NEWTEK BUSINESS SERVICES,
INC. |
|
|
|
| Date:
April 24, 2006 |
|
/s/
Barry Sloane |
| |
Barry
Sloane |
| |
Chairman
of the Board, Chief Executive Officer,
and
Secretary
|