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
Date of Report (date of earliest event reported): November 8, 2005
OCA, INC.
(Exact Name of Registrant as Specified in Its Charter)
| |
|
|
|
|
Delaware
(State or Other Jurisdiction
of Incorporation)
|
|
001-13457
(Commission File Number)
|
|
72-1278948
(I.R.S. Employer
Identification Number) |
| |
|
|
3850 N. Causeway Boulevard, Suite 800
Metairie, Louisiana*
(Address of Principal Executive Offices)
|
|
70002*
(Zip Code) |
(504) 834-4392*
(Registrant’s Telephone Number, Including Area Code)
Not Applicable
(Former Name or Former Address, if Changed from Last Report)
* Temporary address and telephone number due to the Hurricane Katrina evacuation are:
1451 West Cypress Creek Road, Ft. Lauderdale, FL 33309, (888) 622-7645
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 |
|
Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing. |
On November 8, 2005, the New York Stock Exchange (the “NYSE”) notified us of its decision to
suspend trading and seek delisting of our common stock due in part to our failure timely to file our Form 10-K for the
fiscal year ended December 31, 2004 and our quarterly reports for fiscal 2005. Application by the
NYSE to the Securities and Exchange Commission (the “SEC”) to delist our common stock is pending
the completion of applicable procedures, including any appeal by us of the NYSE’s staff decision,
and we intend to appeal this decision. The NYSE did not cite any rule that it claimed we violated
but instead asserted its general right to seek delisting when it deems appropriate. A copy of the
NYSE’s letter to us notifying us of its decision to suspend
trading and seek delisting of our common stock is attached
to this Form 8-K as Exhibit 99.1.
OCA has been unable to complete the current financial statement filing requirements with the
SEC due to the ongoing investigation of our Board’s Special Committee, the recent disruptions,
displacements and delays caused by Hurricanes Katrina, Rita and Wilma, and other events disclosed
in our Forms 8-K filed on June 7th, November 4th and November 7th
of this year. A copy of OCA’s press release announcing the
suspension and possible delisting of its shares is attached to
this Form 8-K as Exhibit 99.2 and is incorporated by reference.
OCA is now quoted on the Pink Sheets Electronic Quotation Service following the suspension
and possible delisting under the symbol.
|
|
|
| Item 9.01 |
|
Financial Statements and Exhibits. |
(c) Exhibits
| |
99.1 |
|
Letter dated November 8, 2005 to OCA, Inc. from the New York Stock Exchange. |
| |
| |
99.2 |
|
Press Release dated November 14, 2005 announcing
suspension and possible delisting of shares. |