Digital Ally Inc.

05/15/2024 | Press release | Distributed by Public on 05/15/2024 14:49

Late Filing Notice - Form NT 10-Q

UNITED STATES OMB APPROVAL
SECURITIES AND EXCHANGE COMMISSION OMB Number: . . . . . 3235-0058
Washington, D.C. 20549 Expires: April 30, 2025
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FORM 12b-25 per response. . . . . . . . 2.50
NOTIFICATION OF LATE FILING
SEC FILE NUMBER
001-33899
CUSIP NUMBER
25382P-208
(Check one): ☐ Form 10-K ☐ Form 20-F ☐ Form 11-K ☒ Form 10-Q ☐ Form 10-D ☐ Form N-SAR ☐ Form N-CSR

For Period Ended: March 31, 2024

☐ 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.

PART I - REGISTRANT INFORMATION

DIGITAL ALLY, INC.

Full Name of Registrant

Former Name if Applicable

14001 Marshall Drive

Address of Principal Executive Office (Street and Number)

Lenexa, KS 66215

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 reason described in reasonable detail in Part III of this Form could not be eliminated without unreasonable effort or expense;
(b) The subject annual report, semi-annual report, transition report on Form 10-K, Form 20-F, Form 11-K, Form N-CEN 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
(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 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's Quarterly Report on Form 10-Q for the period ended March 31, 2024 cannot be filed within the prescribed time period because the Company requires additional time to prepare and review its financial statements to ensure adequate disclosure of the financial information required to be included in the Form 10-Q. The Company's recent acquisition of private a company during the quarter ended March 31, 2024, and its consequent migration to segment reporting have required additional time and review for the transition and to ensure accurate reporting, along with resources being committed to the business combination between Clover Leaf Capital Corp., a Delaware corporation (Nasdaq: CLOE) ("Clover Leaf") and Kustom Entertainment, Inc., a wholly-owned subsidiary of the Company. The Company's Quarterly Report on Form 10-Q will be filed on or before the five calendar days following the prescribed due date.

PART IV - OTHER INFORMATION

(1) Name and telephone number of person to contact in regard to this notification
Thomas J. Heckman (913) 232-5349
(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 report(s) been filed? If answer is no, identify report(s). 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? 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.

Date May 15, 2024 By: /s/ Thomas J. Heckman
Thomas J. Heckman
Chief Financial Officer, Treasurer and Secretary