form10ka.htm
 



UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549

FORM 10-K /A
(AMENDMENT NO. 1)

[X]
ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(D) OF THE SECURITIES EXCHANGE ACT OF 1934

For the year ended December 31, 2009

Commission file number: 000-31380

Applied Minerals, Inc.
(Exact name of registrant as specified in its charter)
Delaware
 
82-0096527
(State or other jurisdiction of incorporation or organization) 
 
(I.R.S. Employer Identification No.)
     
110 Greene Street – Suite 1101, New York, NY
 
10012
(Address of principal executive offices)
 
(Zip Code)
       
 
(800) 354-6463
   
 
Issuer's telephone number, including area code
   

Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act.
 
YES
 
NO
X

Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or 15(d) of the Act:
 
YES
 
NO
X

Indicate by check whether the registrant: (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days.
 
YES
  X
NO
 

Indicate by check mark if disclosure of delinquent filers pursuant to Item 405 of Regulations S-K is not contained herein, and will not be contained, to the best of registrant’s knowledge, in definitive proxy or information statements incorporated by reference in Part III of this Form 10-K /A (Amendment No. 1) or any amendment to this Form 10-K /A (Amendment No. 1) .
         

Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting company.  See the definitions of “large accelerated filer,” “accelerated filer” and “smaller-reporting company” in Rule 12b-2 of the Exchange Act.

Large Accelerated Filer
 
Accelerated Filer
 
Non-accelerated Filer
 
Smaller Reporting Company
X

Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act).
 
YES
 
NO
X

The aggregate market value of the voting and non-voting common equity held by non-affiliates of the registrant on March 29, 2010, based on the last sales price on the pink sheets on that date, was approximately $58,616,335.  The number of shares of the registrant’s common stock, no par value per share, outstanding as of December 31, 2009 was 69,781,351.

DOCUMENTS INCORPORATED BY REFERENCE:  None.


 
 

 


PREFATORY NOTE

Applied Minerals, Inc. (company was formerly known as Atlas Mining Company) (“the Company”) is filing this form 10-K/A (Amendment No. 1) to include correct certifications required by Rule 13a-14(a)


ITEM 14.                                EXHIBITS

Exhibit
   
Number
 
Description of Exhibit
     
31.3
 
Amended certification pursuant to Rule 13a-14 of the Securities Exchange Act, as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002, of the Principal Executive Officer
31.4
 
Amended certification pursuant to Rule 13a-14 of the Securities Exchange Act, as adopted pursuant to Section 302 of the Sarbanes-Oxley Act of 2002, of the Principal Financial Officer


 
 

 


SIGNATURES

In accordance with Section 13 or 15(d) of the Exchange Act, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized on this 14th day of December 2010.

   
Applied Minerals, Inc
 
       
 
By:
   
   
/s/ Andre Zeitoun
 
   
Chief Executive Officer
 
       
 
By:
   
   
/s/ Christopher T. Carney
 
   
Interim Chief Financial Officer
 
 
In accordance with the Exchange Act, this report has been signed below by the following persons on behalf of the registrant and in the capacities and on the dates indicated.

Signature
Title
Date
     
 
Director
December 14, 2010
/s/ John F. Levy
   
     
 
Director
December 14, 2010
/s/ David Taft
   
     
 
Director
December 14, 2010
/s/ Andre Zeitoun
   
     
 
Director
December 14, 2010
/s/ Evan Stone