UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 12b-25 SEC FILE NUMBER NOTIFICATION OF LATE FILING 0-19333 CUSIP NUMBER 09061Q 10 9 (Check One): [ ] Form 10-KSB [ ] Form 11-K [X] Form 10-QSB [ ] Form N-SAR For Period Ended: September 30, 2003 [ ] Transition Report on Form 10-KSB [ ] Transition Report on Form 20-F [ ] Transition Report on Form 11-K [ ] Transition Report on Form 10-QSB [ ] Transition Report on Form N-SAR For the Transition Period Ended: __________________ 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 Bion Environmental Technologies, Inc. --------------------------------------------------------- Full Name of Registrant 18 East 50th Street, 10th Floor --------------------------------------------------------- Address of Principal Executive Office (Street and Number) New York, New York 10022 --------------------------------------------------------- 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) [ ] (a) The reasons 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-KSB, Form 20-F, 11-K, 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-QSB, or portion thereof will be filed on or before the fifth calendar day following the prescribed due date; and [ ] (c) The accountant's statement or other exhibit required by Rule 12b-25 has been attached if applicable. PART III - NARRATIVE State below in reasonable detail the reasons why the Form 10-KSB, 20-F, 11-K, 10-Q, N-SAR, or the transition report or portion thereof, could not be filed within the prescribed time period. In order to survive we were forced to significantly decrease our staff (which resulted in the loss of all of our full time accounting personnel) during the second half of our last fiscal year. We have engaged an outside consultant to help us with accounting matters, but he is not available to us on a full time basis. Due to our limited financial resources and the need to confirm all work done by all personnel no longer with the Company, it will not be possible for us to complete our Form 10-QSB for the quarter ended September 30, 2003 by the date that it is due. PART IV - OTHER INFORMATION (1) Name and telephone number of person to contact in regard to this notification. Mark A. Smith 719 256-5329 ------------------------ ----------- ------------------ (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 reports) been filed? If answer is no, identify report(s). [ ]Yes [X]No The 2003 financial statements included in the Registrant's Annual Report on Form 10-KSB for its fiscal year ended June 30, 2003 have not been audited by an independent auditing firm. (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 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. ______________________________________________________________________________ Bion Environmental Technologies, Inc. ------------------------------------------- (Name of Registrant as Specified in Charter) has caused this notification to be signed on its behalf by the undersigned hereunto duly authorized. Date: November 10, 2003 By: /s/ Mark A. Smith --------------------------- Mark A. Smith, President 2