U.S. SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549

 

FORM 10-KSB/A-1

 

[X]     Annual report under Section 13 or 15(d) of the Securities Exchange Act of 1934

 

For the fiscal year ended December 31, 2004.

 

[  ]     Transition report under Section 13 or 15(d) of the Securities Exchange Act of 1934

 

Commission File Number: 0-9435

 

FIELDPOINT PETROLEUM CORPORATION
(Name of Small Business Issuer in Its Charter)

 

 

               Colorado               
(State or Other Jurisdiction of
Incorporation or Organization)

       84-0811034       
(I.R.S. Employer
Identification No.)

1703 Edelweiss Drive
                  Cedar Park, Texas  78613                  
(Address of Principal Executive Offices)   (Zip Code)

 

                           (512) 250-8692                           
(Issuer's Telephone Number, Including Area Code)

 

Securities registered under Section 12(b) of the Exchange Act:
(None)

 

Securities registered under Section 12(g) of the Exchange Act:

 

Common Stock, $.01 Par Value
Title of Class

 

Check whether the issuer: (1) filed all reports required to be filed by Section 13 or 15(d) of the Exchange Act during the past 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            

 

Check if disclosure of delinquent filers in response to Item 405 of Regulation S-B is not contained in this form, and no disclosure will 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-KSB or any amendment to this Form 10-KSB. [    ]

 

The issuer's revenues for its most recent fiscal year were $3,016,902.

 

As of December 31, 2004, 7,680,175 shares of the Registrant's common stock par value $.01 per share, were outstanding.  The aggregate market value of the voting stock held by non-affiliates of the Registrant at March 31, 2005, was $12,625,158.

 

Documents Incorporated by Reference: The Registrant hereby incorporates herein by reference the following documents.

 

PART I
 

SPECIAL NOTE REGARDING FORWARD-LOOKING STATEMENTS

 

Certain statements contained in this Form 10-KSB constitute "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act and Section 27A of the Securities Exchange Act of 1933, as amended, and Section 21E of the Securities Exchange Act of 1934, as amended.  All statements, other than statements of historical facts, included in this Form 10-KSB that address activities, events or developments that FieldPoint Petroleum Corp. and its subsidiaries (collectively, the "Company") expects, projects, believes or anticipates will or may occur in the future, including such matters as oil and gas reserves, future drilling and operations, future production of oil and gas, future net cash flows, future capital expenditures and other such matters, are forward-looking statements.  Such forward-looking statements involve known and unknown risks, uncertainties and other factors which may cause the actual results, performance or achievements of the Company to be materially different from any future results, performance or achievements expressed or implied by such forward-looking statements.  Such factors include, among others, the following:  the volatility of oil and gas prices, the Company's drilling and acquisition results, the Company's ability to replace reserves, the availability of capital resources, the reliance upon estimates of proved reserve, operating hazards and uninsured risks, competition, government regulation, the ability of the Company to implement its business strategy and other factors referenced in this Form 10-KSB. 

 

ITEM 1- BUSINESS

 

General

 

FieldPoint Petroleum Corporation, a Colorado corporation (the "Company"), was formed on March 11, 1980, to acquire and enhance mature oil and natural gas field production in the mid-continent and the Rocky Mountain regions. Since 1980, the Company had engaged in oil and gas operations and, in 1986, divested all oil and gas assets and operations. From December 1986, until its reverse acquisition on December 31, 1997, The Company had not engaged in oil and gas operations.

 

Reverse Acquisition - On December 22, 1997, The Company entered into an Agreement with Bass Petroleum, Inc., a Texas corporation ("BPI"), pursuant to which, on December 31, 1997, the Company acquired from the shareholders of BPI an aggregate of 8,655,625 shares of capital stock of BPI, in exchange for the issuance of 4,000,000 unregistered shares of the Company's common stock.  The transaction was treated, for accounting purposes, as an acquisition of FieldPoint Petroleum Corporation by Bass Petroleum, Inc. On December 31,1997, the Company changed its name from Energy Production Company to FieldPoint Petroleum Corporation. 

 

Business Strategy

 

The Company's business strategy is to continue to expand its reserve base and increase production and cash flow through the acquisition of producing oil and gas properties.  Such acquisitions will be based on an analysis of the properties' current cash flow and the Company's ability to profit from the acquisition.  The Company's ideal acquisition will include not only oil and gas production, but also leasehold and other working interest in exploration areas.

 

The Company will also seek to identify promising areas for the exploration of oil and gas through the use of outside consultants and the expertise of the Company.  This identification will include collecting and analyzing geological and geophysical data for exploration areas.  Once promising properties are identified, the Company will attempt to acquire the properties either for drilling oil and natural gas wells, using independent contractors for drilling operations, or for sale to third parties.

 

The Company recognizes that the ability to implement its business strategies is largely dependent on the ability to raise additional debt or equity capital to fund future acquisition, exploration, drilling and development activities.  The Company's capital resources are discussed more thoroughly in Part II, Item 6, in Management's Discussion and Analysis.

 

Operations

 

As of December 31, 2004, the Company had varying ownership interest in 339 gross productive wells (90.79 net) located in 4 states.  The Company operates 61 of the 339 wells; the other wells are operated by independent operators under contracts that are standard in the industry. It is a primary objective of the Company to operate most of the oil and gas properties in which it has an economic interest.  The Company believes, with the responsibility and authority as operator, it is in a better position to control cost, safety, and timeliness of work as well as other critical factors affecting the economics of a well.

 

Market for Oil and Gas

 

The demand for oil and gas is dependent upon a number of factors, including the availability of other domestic production, crude oil imports, the proximity and size of oil and gas pipelines in general, other transportation facilities, the marketing of competitive fuels, and general fluctuations in the supply and demand for oil and gas.  The Company intends to sell all of its production to traditional industry purchasers, such as pipeline and crude oil companies, who have facilities to transport the oil and gas from the wellsite.

 

Competition

 

The oil and gas industry is highly competitive in all aspects.  The Company will be competing with major oil companies, numerous independent oil and gas producers, individual proprietors, and investment programs.  Many of these competitors possess financial and personnel resources substantially in excess of those which are available to the Company and may, therefore, be able to pay greater amounts for desirable leases and define, evaluate, bid for and purchase a greater number of potential producing prospects that the Company's own resources permit.  The Company's ability to generate resources will depend not only on its ability to develop existing properties but also on its ability to identify and acquire proven and unproven acreage and prospects for further exploration.

 

Environmental Matters and Government Regulations

 

The Company's operations are subject to numerous federal, state and local laws and regulations controlling the discharge of materials into the environment or otherwise relating to the protection of the environment.  Such matters have not had a material effect on operations of the Company to date, but the Company cannot predict whether such matters will have any material effect on its capital expenditures, earnings or competitive position in the future.

 

The production and sale of crude oil and natural gas are currently subject to extensive regulations of both federal and state authorities.  At the federal level, there are price regulations, windfall profits tax, and income tax laws.  At the state level, there are severance taxes, proration of production, spacing of wells, prevention and clean-up of pollution and permits to drill and produce oil and gas.  Although compliance with their laws and regulations has not had a material adverse effect on the Company's operations, the Company cannot predict whether its future operations will be adversely effected thereby.

 

Operational Hazards and Insurance

 

The Company's operations are subject to the usual hazards incident to the drilling and production of oil and gas, such as blowouts, cratering, explosions, uncontrollable flows of oil, gas or well fluids, fires, pollution, releases of toxic gas and other environmental hazards and risks.  These hazards can cause personal injury and loss of life, severe damage to and destruction of property and equipment, pollution or environmental damage and suspension of operations.

 

The Company maintains insurance of various types to cover its operations.  The Company's insurance does not cover every potential risk associated with the drilling and production of oil and gas.  In particular, coverage is not obtainable for certain types of environmental hazards.  The occurrence of a significant adverse event, the risks of which are not fully covered by insurance, could have a material adverse effect on the Company's financial condition and results of operations.  Moreover, no assurance can be given that the Company will be able to maintain adequate insurance in the future at rates it considers reasonable.

 

Administration

 

Office Facilities- The office space for the Company's executive offices at 1703 Edelweiss Drive, Cedar Park, Texas 78613, is currently provided by the majority shareholder at a cost of $2,500 per month as of December 31, 2004.

 

Employees- As of March 31, 2005, the Company had 4 employees. The Company considers its relationship with its employees satisfactory.

 

ITEM 2-  PROPERTIES

 

Principal Oil and Gas Interest

Lusk Field, Lea County New Mexico is a producing oil and gas field located outside of Hobbs, New Mexico. The company owns an 87.5%-100% working interest in two oil and gas wells producing out of the Bonesprings and Yates formations at depth ranging from approximately 3,400 feet to approximately 10,000 feet. The company also owns an 87.5% working interest in one water disposal well.  

 

Chickasha Field, Grady County Oklahoma is a waterflood project producing from the Medrano Sand. The Rush Springs Medrano Unit is located approximately sixty five miles southwest of Oklahoma City, Oklahoma. The Company has a 20.64% working interest in the unit which consists of 21 producing oil and gas wells and 11 water injection wells.

 

Hutt Wilcox Field, McMullen and Atascosa County Texas is an oil and gas field located approximately 60 miles south of San Antonio, Texas producing from the Wilcox sand. The Company has a working interest in 14 oil wells.

   

West Allen Field, Pontotoc County Oklahoma is a producing oil and gas field located approximately 100 miles south of Oklahoma City, Oklahoma. The Company has a working interest in 52 leases or a total of 224 wells, the leases have multiple wellbores and the Company has plans to participate in the future recompletion of behind pipe zones.

 

Giddings Field, Fayette County Texas is in the prolific Austin Chalk field located in various counties surrounding the city of Giddings, Texas. In February 1998, the company acquired a 97% working interest in the Shade lease. The lease currently has 3 producing oil and gas wells with a daily production rate of approximately 120 Mcfe net to the Company. Oil and Gas are produced from the Austin chalk formation; the Company will evaluate whether additional reserves can be developed by use of horizontal well technology.

 

Big Muddy Field, Converse County Wyoming is a producing oilfield located approximately thirty miles south of Casper, Wyoming.  FieldPoint Petroleum owns a 100% working interest in the Elkhorn and J.C. Kinney lease which consists of 3 oil wells producing out of the Wallcreek and Dakota formations at depths ranging from approximately 3,200 feet to approximately 4,000 feet.

 

Serbin Field, Lee and Bastrop Counties Texas is an oil and gas field located approximately 50 miles east of Austin and 100 miles west of Houston.  The Company has a working interest in 72 producing oil and gas wells with a production rate for 2004 of approximately 45 barrels of oil equivalent ("BOE") net to the Company.  Oil and gas are produced from the Taylor Sand at depths ranging from approximately 5,300 feet to approximately 5,600 feet; it is a 46-gravity oil sand.

 

Production

 

The table below sets forth oil and gas production from the Company's net interest in producing properties for each of its last two fiscal years.

 

Oil and Gas Production

 

 

 

 

Quantities

2004

           2003

 

Oil (Bbls)

63,669

65,514

 

Gas (Mcf)

101,583

113,373

 

 

 

 

Average Sales Price

 

 

 

Oil ($/Bbl)

$38.35

$29.69

 

Gas ($/Mcf)

$4.31

$3.13

Average Production Cost ($/BOE)

$15.02

$13.07

 

The Company's oil and gas production is sold on the spot market and the Company does not have any production that is subject to firm commitment contracts.  During the year ended December 31, 2004, purchases by each of four customers, Dorado Oil Company, Pontotoc Production, Inc., Westport Resources, and ConocoPhillips represented more than 10% of total Company revenues.  During the year ended December 31, 2003, purchases by each of four customers, Westport Resources, Pontotoc Production, Inc., Dorado Oil Company and Plains Petroleum represented more than 10% of the total Company revenues.  None of these customers, or any other customers of the Company, has a firm sales agreement with the Company.  The Company believes that it would be able to locate alternate customers in the event of the loss of one or all of these customers.  

 

Productive Wells

 

The table below sets forth certain information regarding the Company's ownership, as of December 31, 2004, of productive wells in the areas indicated.

 

Productive Wells

 

 

 

 

 

 

Oil

Gas

State

Gross1

   Net2

Gross1

       Net2

New Mexico

   2

1.6

 

-

Oklahoma

208

47.03

37

4.59

Texas

82

  31.15

  7

3.8

Wyoming

    3

    2.63

        -

       -

         Total

295

  82.41

44

8.39

____________________________

1 A gross well or acre is a well or acre in which a working interest is owned.  The number of gross wells is the total number of wells in which a working interest is owned.  The number of gross acres is the total number of acres in which a working interest is owned.

2 A net well or acre is deemed to exist when the sum of fractional ownership working interests in gross wells or acres equals one.  The number of net wells or acres is the sum of the fractional working interests owned in gross wells or acres expressed as whole numbers and fractions thereof.

 

Drilling Activity

 

The Company drilled no wells in 2004 and drilled 4 wells in 2003 of which include two were determined to be productive. The Company incurred $86,948 of exploration expense relating to the unsuccessful wells. 

 

Reserves

 

Please refer to unaudited Note 13 in the accompanying audited financial statements for a summary of the Company's reserves at December 31, 2004 and 2003.

 

Acreage

 

The following tables set forth the gross and net acres of developed and undeveloped oil and gas leases in which the Company had working interest and royalty interest as of December 31, 2004.  The category of "Undeveloped Acreage" in the table includes leasehold interest that already may have been classified as containing proved undeveloped reserves.


 

 

Developed1

Undeveloped2

State

             Gross3

Net4

Gross3

Net4

New Mexico

640

480

640

90

Oklahoma

     8586

    1108

      200

         19

Texas

       2120

     547

1360

1000

Wyoming

         200

    200

  2000

  2000

       Total

 

11546     

    2335

4200      

       3109

ITEM 3-   LEGAL PROCEEDINGS

 

None.

 

ITEM 4   -SUBMISSION OF MATTERS TO A VOTE OF SECURITY HOLDERS

 

None.

 

PART II

 

ITEM 5-MARKET FOR COMMON EQUITY AND RELATED STOCKHOLDER                   MATTERS

 

The Company's Common Stock is traded in the over-the-counter market and listed on the Bulletin Board under the symbol "FPPC." The following quotations, where quotes were available, reflect inter-dealer prices, without retail mark-up, markdown or commission and may not necessarily represent actual transactions.

 


 

 

FISCAL 2004

CLOSING BID

 

 

 

 

 

 

HIGH

LOW

 

First Quarter

 .85

 .35

 

Second Quarter

1.60

 .65

 

Third Quarter

1.20

 .54

 

Fourth Quarter

1.50

 .60

 

 

 

 

 

FISCAL 2003

 

 

 

 

HIGH

LOW

 

First Quarter

.66

.29

 

Second Quarter

.84

.26

 

Third Quarter

.75

.31

 

Fourth Quarter

.75

.37

 

At March 31, 2004, the approximate number of shareholders of record was 1,250.  The Company has not paid any dividends on its Common Stock and does not expect to do so in the foreseeable future.

 

Recent Sales of Unregistered Securities

 

In April 2004, the Company sold 100,000 units in a private sale to a single investor.  Each unit sold for $0.65 and consisted of one common share, and five warrants (A-E).  Each warrant is exercisable at any time over the next 3 years, are redeemable at the Company's option based on certain sustained trading prices, and have exercise prices as follow:

 

 

A

$0.65

 

B

$0.75

 

C

$1.00

 

D

$1.25

 

E

$2.00

 

The units were sold without registration under the Securities Act of 1933, (the"Securities Act") in reliance upon an exemption set forth in Section 4(2) and Regulation D thereunder.  Proceeds of the sale were used for working capital.

 


EQUITY COMPENSATION PLAN INFORMATION

 

 

Number of
securities to be
issued upon
exercise of
outstanding options, warrants and rights
(a)

Weighted average exercise price of outstanding options, warrants and rights
(b)

Number of securities remaining available for future issuances under equity compensation plans (excluding securities reflected in column (a))
(c)

 

 

 

 

Equity compensation plans approved by
     security holders

 

 

 

Equity compensation plans not approved
     by security holders(1)

690,000

$.59

690,000

               Total

690,000

$.59

690,000

 

(1)    Includes nonqualified options granted to outside directors.

 

ITEM 6     MANAGEMENT'S DISCUSSION AND ANALYSIS OR PLAN OF OPERATION

 

The following discussion should be read in conjunction with the Company's Financial Statements, and respective notes thereto, included elsewhere herein.  The information below should not be construed to imply that the results discussed herein will necessarily continue into the future or that any conclusion reached herein will necessarily be indicative of actual operating results in the future.  Such discussion represents only the best present assessment of the management of FieldPoint Petroleum Corporation.

 

Overview

 

FieldPoint Petroleum Corporation derives its revenues from its operating activities including sales of oil and gas and operating oil and gas properties.  The Company's capital for investment in producing oil and gas properties has been provided by cash flow from operating activities and from bank financing.  The Company categorizes its operating expenses into the categories of production expenses and other expenses. 

 

Comparison of Year Ended December 31, 2004 to Year Ended December 31, 2003

 

Results of Operation

 

Revenues increased 24% or $587,527 to $3,016,902 for the year ended December 31, 2004, from the comparable 2003 period.  Oil production volumes decreased by 3% at the same time the average price per barrel increased 29% during 2004 to $38.35 from the comparable 2003 period average price of $29.69 per barrel.  Also in 2004, the gas production volume decreased by 11% while the average price per Mcf was $4.31, an increase of 37% from the 2003 comparable period.  The decreases in production volumes were primarily due to declines in the Kerr McGee operated Rush Springs Unit in Grady County, Oklahoma offset by the Lea County New Mexico Lusk Field acquisition.

 

 

Year Ended December 31,

 

2004

2003

Oil Production

63,669

65,514

Average Sales Price Per Bbl ($/Bbl)

$38.35

$29.69

 

 

 

Gas Production

101,583

113,373

Average Sales Price Per Mcf ($/Mcf)

$4.31

$3.13

 

Production expenses increased 10% or $107,350 to $1,210,846 for the year ended December 31, 2004, from the comparable 2003 period. The increase was due to cost associated with Oklahoma field production, and increases in workover expense and remedial repairs incurred in 2004 as compared to 2003.  The Company incurred exploration expense of $86,948 as a result of drilling two dry holes during the 2003 period.  Depletion and depreciation expense increased 6% or $27,262 to $494,231 for the year ended December 31, 2004 from the comparable 2003 period. The increase in depletion and depreciation was due to net production volume decrease offset by increased oil and gas property cost.  General and administrative overhead  remained relatively stable and decreased less than 1% or $1,033 to $450,703 for the 2004 period verses the comparable 2003 period.

 

Net other income for the year ended December 31, 2004, was $5,369 compared to net other expenses of $50,049 for 2003.  This decrease was primarily due to gain on investment securities in 2004 offset by increases in interest expense.

 

The Company's net income increased by $361,820 to $518,715 for the year ended December 31, 2004, from the comparable 2003 period.  The increase in net income was primarily due to increased oil and gas revenues and investment income as previously discussed.

 

Liquidity and Capital Resources

 

Cash flow from operating activities was $441,194 for the year ended December 31, 2004, compared to $350,709 for the year ended December 31, 2003. The increase in cash flow from operating activities was primarily due to increases in net income offset by increases in accrued expenses relating to payments on accounts payable in 2004.

 

Cash flow used by investing activities was $1,183,496 for the period ended December 31, 2004, compared to $276,575 in cash flow used by investing activities for December 31, 2003.  This is primarily due to additions in oil and gas properties in 2004.  Cash flow used by financing activities was $196,351 for the period ended December 31, 2004, compared to $918,506 in cash flow provided by financing activities for the same period in 2003. This was primarily due to decreases in advances of long-term debt, net of repayment.

 

Capital Requirements

 

Management believes the Company will be able to meet its current operating needs through internally generated cash from operations. Management believes that oil and gas property investing activities in 2005 can be financed through cash on hand, cash from operating activities, and bank borrowing.  The Company anticipates continued investments in proven oil and gas properties in 2005. If bank credit is not available, the Company may not be able to continue to invest in strategic oil and gas properties.  The Company cannot predict how oil and gas prices will fluctuate during 2005 and what effect they will ultimately have on the Company, but Management believes that the Company will be able to generate sufficient cash from operations to service its bank debt and provide for maintaining current production of its oil and gas properties. The Company had no significant commitments for capital expenditures at December 31, 2004. The timing of most capital expenditures for new operations is relatively discretionary. Therefore, the Company can plan expenditures to coincide with available funds in order to minimize business risks.

 

Quantitative And Qualitative Disclosures About Market Risk

 
We periodically enter into certain commodity price risk management transactions to manage our exposure to oil and gas price volatility. These transactions may take the form of futures contracts, swaps or options. All data relating to our derivative positions is presented in accordance with requirements of SFAS No. 133, which we adopted on January 1, 2001. Accordingly, unrealized gains and losses related to the change in fair market value of derivative contracts that qualify and are designated as cash flow hedges are recorded as other comprehensive income or loss and such amounts are reclassified to oil and natural gas sales revenues as the associated production occurs. Derivative contracts that do not qualify for hedge accounting treatment are recorded as derivative assets and liabilities at market value in the consolidated balance sheet, and the associated unrealized gains and losses are recorded as current expense or income in the consolidated statement of operations. While such derivative contracts do not qualify for hedge accounting, management believes these contracts can be utilized as an effective component of commodity price risk management activities. At December 31, 2004 and December 31, 2003 there were no open positions. For 2004 and 2003, we recorded a realized gain and loss respectively on derivative transactions of $5,000 and $5,184.
 
Critical Accounting Policies and Estimates
 

Our accounting policies are described in Note 1 to Notes to Consolidated Financial Statements in Item 7. We prepare our Consolidated Financial Statements in conformity with accounting principles generally accepted in the United States of America ("U.S. GAAP"), which require us to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosures of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the year. Actual results could differ from those estimates. We consider the following policies to be most critical in understanding the judgments that are involved in preparing our financial statements and the uncertainties that could impact our results of operations, financial condition and cash flows.

 
Successful Efforts Method of Accounting
 
We account for our exploration and development activities utilizing the successful efforts method of accounting. Under this method, costs of productive exploratory wells, development dry holes and productive wells and undeveloped leases are capitalized. Oil and gas lease acquisition costs are also capitalized. Exploration costs, including personnel costs, certain geological and geophysical expenses and delay rentals for oil and gas leases, are charged to expense as incurred. Exploratory drilling costs are initially capitalized, but charged to expense if and when the well is determined not to have found reserves in commercial quantities. The sale of a partial interest in a proved property is accounted for as a cost recovery and no gain or loss is recognized as long as this treatment does not significantly affect the unit-of-production amortization rate. A gain or loss is recognized for all other sales of producing properties. 
 
The application of the successful efforts method of accounting requires managerial judgment to determine the proper classification of wells designated as developmental or exploratory which will ultimately determine the proper accounting treatment of the costs incurred. The results from a drilling operation can take considerable time to analyze and the determination that commercial reserves have been discovered requires both judgment and industry experience. Wells may be completed that are assumed to be productive and actually deliver oil and gas in quantities insufficient to be economic, which may result in the abandonment of the wells at a later date.  The evaluation of oil and gas leasehold acquisition costs requires managerial judgment to estimate the fair value of these costs with reference to drilling activity in a given area. 
 
The successful efforts method of accounting can have a significant impact on the operational results reported when we enter a new exploratory area in hopes of finding an oil and gas field that will be the focus of future developmental drilling activity. The initial exploratory wells may be unsuccessful and will be expensed. Seismic costs can be substantial which will result in additional exploration expenses when incurred.
 
Reserve Estimates
 
Estimates of oil and gas reserves, by necessity, are projections based on geologic and engineering data, and there are uncertainties inherent in the interpretation of such data as well as the projection of future rates of production and the timing of development expenditures. Reserve engineering is a subjective process of estimating underground accumulations of oil and gas that are difficult to measure. The accuracy of any reserve estimate is a function of the quality of available data, engineering and geological interpretation and judgment. Estimates of economically recoverable oil and gas reserves and future net cash flows necessarily depend upon a number of variable factors and assumptions, such as historical production from the area compared with production from other producing areas, the assumed effects of regulations by governmental agencies and assumptions governing future oil and gas prices, future operating costs, severance taxes, development costs and workover costs, all of which may in fact vary considerably from actual results. The future drilling costs associated with reserves assigned to proved undeveloped locations may ultimately increase to an extent that these reserves may be later determined to be uneconomic. For these reasons, estimates of the economically recoverable quantities of oil and gas attributable to any particular group of properties, classifications of such reserves based on risk of recovery, and estimates of the future net cash flows expected therefrom may vary substantially. Any significant variance in the assumptions could materially affect the estimated quantity and value of the reserves, which could affect the carrying value of our oil and gas properties and/or the rate of depletion of the oil and gas properties.  Actual production, revenues and expenditures with respect to our reserves will likely vary from estimates, and such variances may be material. 
 
Impairment of Developed Oil and Gas Properties
 
We review our oil and gas properties for impairment whenever events and circumstances indicate a decline in the recoverability of their carrying value. We estimate the expected future cash flows of our oil and gas properties and compare such future cash flows to the carrying amount of our oil and gas properties to determine if the carrying amount is recoverable.  If the carrying amount exceeds the estimated undiscounted future cash flows, we will adjust the carrying amount of the oil and gas properties to their fair value. The factors used to determine fair value include, but are not limited to, estimates of proved reserves, commodity pricing, future production estimates, anticipated capital expenditures, and a discount rate commensurate with the risk associated with realizing the expected cash flows projected. There were no impairments of developed oil and gas properties during 2003 and 2004.
 
Reporting Requirements
 
Because our common stock is publicly traded, we are subject to certain rules and regulations of federal, state and financial market exchange entities charges with the protection of investors and the oversight of companies whose securities are publicly traded. These entities, including the SEC and the NASDAQ, have recently issued new requirements and regulations and are currently developing additional regulations and requirements in response to recent laws, enacted by Congress, most notably the Sarbanes-Oxley Act 2002.  As certain rules are not yet finalized, we do not know the level of resources we will have to commit in order to be in compliance. Our compliance with current and proposed rules, such as Section 404 of the Sarbanes-Oxley Act of 2002, is likely to require the commitment of significant managerial resources. We are currently reviewing our internal control systems, processes and procedures to ensure compliance with the requirements of Section 404. While we expect that this review will show that we are in compliance, there can be no assurance that such a review will not result in the identification of significant control deficiencies or that our auditors will be able to attest as to the adequacy of our internal controls.
 
New Accounting Pronouncements
 

On August 15, 2001, the FASB issued Statement No. 143, Accounting for Asset Retirement Obligations ("Statement 143").  Initiated in 1994 as a project to account for the costs of nuclear decommissioning, the FASB expanded the scope to include similar closure or removal-type costs in other industries that are incurred at any time during the life of an asset.  That standard requires entities to record the fair value of a liability for an asset retirement obligation in the period in which it was incurred.  When the liability is initially recorded, the entity capitalizes a cost by increasing the carrying amount of the related long-lived asset.  Over time, the liability is accreted to its present value each period, and the capitalized cost is depreciated over the useful life of the related asset.  Upon settlement of the liability, an entity either settles the obligation for its recorded amount or incurs a gain or loss upon settlement.  The standard became effective for fiscal years beginning after June 15, 2002.  We adopted Statement 143 on January 1, 2003.  Upon adoption of Statement 143, we recorded an increase to Property and Equipment and Asset Retirement Obligations of approximately $364,144 and $471,909, respectively, as a result of the company separately accounting for salvage values and recording the estimated fair value of its plugging and abandonment obligation on the balance sheet, a reduction of accumulated depletion due to the effect of utilizing well equipment salvage value in the calculation of $91,159 and a cumulative effect on change in accounting principle of $16,606.

In April 2003, the FASB issued Financial Accounting Standards No. 149, Amendment of Statement 133 on Derivative Instruments and Hedging Activities ("Statement 149").  Statement 149 amends and clarifies the accounting for derivative instruments, including certain derivative instruments embedded in other contracts, and for hedging activities under Statement 133, Accounting for Derivative Instruments and Hedging Activities.  Statement 149 is generally effective for contracts entered into or modified after June 30, 2003, and for hedging relationships designated after June 30, 2003. The adoption of this statement did not have an impact on the Company's results of operations or financial position at December 31, 2003.

In January 2003, the FASB issued Interpretation No. 46, Consolidation of Variable Interest Entities, an Interpretation of ARB No. 51, which was revised and superseded by FASB Interpretation No. 46R in December 2003 ("FIN 46R").  FIN 46R requires the consolidation of certain variable interest entities, as defined.  FIN 46R is effective immediately for special purpose entities and variable interest entities created after December 31, 2003, and must be applied to other variable interest entities no later than December 31, 2004. The Company believes it has no such variable interest entities and as a result FIN 46R will have no impact on its results of operations, financial position or cash flows.

 

On December 16, 2004, the FASB published FASB Statement No. 123 (revised 2004), Share-Based Payment.  Statement 123 (R) requiring that the compensation cost relating to share-based payment transactions be recognized in financial statements. That cost will be measured based on fair value of the equity or liability instruments issued. Public entities (other than those filing as small business issuers) will be required to apply Statement 123 R as of the first interim or annual reporting period that begins after June 15, 2005. Public entities that file as small business issues will be required to apply Statement 123 R  in the first interim or annual reporting period that begins after December 15, 2005. Statement 123 R replaces FASB Statement No. 123, Accounting for Stock-Based Compensation, and supersedes APB Opinion No. 25, Accounting for Stock Issued to Employees.  The Company believes the adoption of this statement will not have a material impact on the Company's results of operations or financial position. 


 

ITEM 7-FINANCIAL STATEMENTS

 

The information required is included in this report as set forth in the "Index to Financial Statements."

 

Index to Financial Statements

 

 

Page

Independent Auditor's Report

F-1

Consolidated Balance Sheets

F-2

Consolidated Statements of Operations

F-3

Consolidated Statements of Stockholders' Equity

F-4

Consolidated Statements of Cash Flows

F-5

Notes to Consolidated Financial Statements

F-6 - F-16

Supplemental Oil and Gas Information (Unaudited)

F-16 - F-18

 


REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

 

Board of Directors and Stockholders

FieldPoint Petroleum Corporation and Subsidiaries

Austin, Texas

 

We have audited the consolidated balance sheets of FieldPoint Petroleum Corporation and subsidiaries as of December 31, 2004 and 2003, and the related consolidated statements of operations, changes in stockholders' equity and cash flows for the years then ended.  These consolidated financial statements are the responsibility of the Company's management.  Our responsibility is to express an opinion on these consolidated financial statements based on our audits.

 

We conducted our audits in accordance with the standards of the Public Company Accounting Oversight Board (United States).  Those standards require that we plan and perform the audits to obtain reasonable assurance about whether the financial statements are free of material misstatement.  The Company has determined that it is not required to have, nor were we engaged to perform, and audit of its internal control over financial reporting.  Our audit included consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Company's internal control over financial reporting.  Accordingly, we express no such opinion.  An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements.  An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation.  We believe that our audits provide a reasonable basis for our opinion.

 

In our opinion, the consolidated financial statements referred to above present fairly, in all material respects, the financial position of FieldPoint Petroleum Corporation and subsidiaries as of December 31, 2004 and 2003, and the results of their operations and their cash flows for the years then ended, in conformity with U.S. generally accepted accounting principles.

 

 

Hein & Associates llp

 

Dallas, Texas

March 9, 2005


FIELDPOINT PETROLEUM CORPORATION

 

CONSOLIDATED BALANCE SHEETS

 

ASSETS

 

 

 

December 31,

 

 

2004

 

2003

CURRENT ASSETS:

 

 

 

 

Cash and cash equivalents

 

$       458,447

 

$      1,395,100

Short-term investments

 

           652,263

 

             67,428

Accounts receivable:

 

 

 

 

Oil and gas sales

 

346,859

 

260,043

Joint interest billings, less allowance for doubtful accounts of $99,192

 

 

             98,304

 

 

72,530

Prepaid expenses and other current assets

 

         74,036

 

          22,535

Total current assets

 

1,629,909

 

1,817,636

 

 

 

 

 

PROPERTY AND EQUIPMENT:

 

 

 

 

Oil and gas properties (successful efforts method):

 

 

 

 

Proved leasehold costs

 

5,956,494

 

5,188,060

Lease and well equipment

 

1,416,482

 

1,004,939

Furniture and equipment

 

55,001

 

51,482

Transportation equipment

 

158,254 

 

158,254

Less accumulated depletion and depreciation

 

  (2,611,305)

 

  (2,108,914)

Net property and equipment

 

4,974,926

 

4,293,821

 

 

 

 

 

LONG-TERM JOINT INTEREST BILLING RECEIVABLE, less allowance for doubtful accounts of $44,624

 



         54,721

 



65,184

OTHER ASSETS

 

                   -

 

            4,297

 

 

 

 

 

Total assets

 

$  6,659,556

 

$   6,180,938

 

 

 

 

 

LIABILITIES AND STOCKHOLDERS' EQUITY

 

 

 

 

 

CURRENT LIABILITIES:

 

 

 

 

Current portion of long-term debt

 

$   1,496,775

 

$     266,324

Accounts payable and accrued expenses

 

70,826

 

200,827

Oil and gas revenues payable

 

        82,377

 

         60,898

Total current liabilities

 

1,649,978

 

  528,049

 

 

 

 

 

LONG-TERM DEBT, net of current portion

 

                 -

 

1,491,802

ASSET RETIREMENT OBLIGATION

 

521,461

 

           496,685

DEFERRED INCOME TAXES

 

365,000

 

125,000

COMMITMENTS (Note 10)

 

 

 

 

STOCKHOLDERS' EQUITY:

 

 

 

 

Common stock, $.01 par value, 75,000,000 shares authorized;

7,680,175 and 7,580,175 shares issued and outstanding, respectively

 

 


76,801

 

 


75,801

Additional paid-in capital

 

2,647,887

 

2,583,887

Treasury stock, 160,000 shares, at cost

 

(18,600)

 

(18,600)

Retained earnings

 

         ,417,029

 

         898,314

Total stockholders' equity

 

       4,123,117

 

      3,539,402

Total liabilities and stockholders' equity

 

$      6,659,556

 

$     6,180,938

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

See accompanying notes to these financial statements.


FIELDPOINT PETROLEUM CORPORATION

 

CONSOLIDATED STATEMENTS OF OPERATIONS

 

 

 

 

December 31,

 

 

2004

 

2003

REVENUE:

 

 

 

 

Oil and gas sales

 

$   2,880,905

 

$   2,309,503

Well operational and pumping fees

 

120,997

 

119,872

Disposal Fees

 

         15,000

 

                  -       

Total revenue

 

3,016,902

 

2,429,375

 

 

 

 

 

COSTS AND EXPENSES:

 

 

 

 

Production expense

 

1,210,846

 

1,103,496

Exploration expense

 

                 -

 

             86,948

Depletion and depreciation

 

494,231

 

466,969

Accretion expense

 

24,776

 

             24,776

General and administrative

 

        450,703

 

        451,736

Total costs and expenses

 

2,180,556

 

2,133,925

 

 

 

 

 

OTHER INCOME (EXPENSE):

 

 

 

 

Interest expense, net

 

(91,376)

 

(52,291)

Realized gain on investments

 

             68,583

 

                    -

Unrealized holding gain on investments

 

13,272

 

                    -

Miscellaneous income

 

9,890

 

7,426

Gain (Loss)on Derivative

 

           5,000

 

           (5,184)

Total other income (expense)

 

           5,369

 

         (50,049)

 

 

 

 

 

INCOME  BEFORE INCOME TAXES

 

841,715

 

245,401

 

 

 

 

 

INCOME TAX PROVISION:

 

 

 

 

Current expense

 

(84,000)

 

(6,000)

Deferred expense

 

     (239,000)

 

         (66,000)

 

 

 

 

 

INCOME  BEFORE CUMULATIVE EFFECT OF CHANGE IN ACCOUNTING PRINCIPLE

 

 

518,715

 

 

173,401

 

 

 

 

 

CUMULATIVE EFFECT OF CHANGE IN ACCOUNTINIG PRINCIPLE, net of tax

 

 

                  -

 

 

         (16,506)

 

 

 

 

 

NET INCOME

 

    $518,715

 

$        156,895

 

 

 

 

 

BASIC EARNINGS PER SHARE

 

 $           .07

 

$                .02

 

 

 

 

 

DILUTED EARNINGS  PER SHARE

 

$            .07

 

$                .02

 

 

 

 

 

WEIGHTED AVERAGE SHARES OUTSTANDING:

 

 

 

 

Basic

 

   7,493,326

 

   7,530,175

Diluted

 

   7,755,363

 

    ,621,868

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

See accompanying notes to these financial statements.

 


FIELDPOINT PETROLEUM CORPORATION

 

CONSOLIDATED STATEMENTS OF STOCKHOLDERS' EQUITY

 

For the Period from January 1, 2003 to December 31, 2004

 

 

 

 

Common Stock

 

 

Treasury Stock

 

Additional

Paid-In

 

 

Retained

 

 

 

 

Shares

 

Amount

 

Shares

 

Amount

 

Capital

 

Earnings

 

Total

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BALANCES, January 1, 2003

 

7,580,175

 

$    75,801

 

160,000

 

$(18,600)

 

$ 2,583,887

 

$   741,419

 

$  3,382,507

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Net income

 

               -

 

               -

 

               -

 

              -

 

                -

 

    156,895    

 

       156,895

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BALANCES, December 31, 2003

 

7,580,175

 

75,801

 

160,000

 

(18,600)

 

2,583,887

 

898,314

 

3,539,402

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Issuance of Common Stock and Warrants

 

    100,000

 

        1,000

 

            -

 

        -

 

          64,000

 

          -

 

         65,000

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Net income

 

               -

 

               -

 

               -

 

              -

 

                   -

 

    518,715

 

       518,715

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BALANCES, December 31, 2004

 

7,680,175

 

$    76,801

 

160,000

 

$(18,600)

 

$ 2,647,887

 

$1,417,029

 

$  4,123,117

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

See accompanying notes to these financial statements.

 


FIELDPOINT PETROLEUM CORPORATION

 

CONSOLIDATED STATEMENTS OF CASH FLOWS

 

 

 

 

December 31,

 

 

2004

 

2003

CASH FLOWS FROM OPERATING ACTIVITIES:

 

 

 

 

Net income

 

$      518,715

 

$       156,895

Adjustments to reconcile to net cash from operating activities:

 

 

 

 

  Net purchase of short-term investments

 

         (509,281)

 

           (67,428)

    

 

          

 

                 

      Unrealized holding gains on short-term investments

 

           (68,583)

 

                  -

      Realized gain on disposition of short-term investments

 

           (13,272)

 

                  -

Cumulative effect of change in accounting principle

 

                 -

 

             16,506

Depletion and depreciation

 

494,231

 

466,969

Accretion expense

 

24,776

 

             24,776

Bad debt expense

 

                 -

 

19,724

Deferred income taxes

 

           239,000

 

             66,000

Changes in assets and liabilities:

 

 

 

 

Accounts receivable and accrued income

 

         (102,127)

 

(37,015)

Prepaid expenses and other assets

 

           (51,501)

 

(20,000)

Accounts payable and accrued expenses

 

(130,001)

 

         (273,108)

Oil and gas revenues payable

 

21,479

 

            (2,610)

Other

 

           17,758

 

                   -

Net cash provided by operating activities

 

441,194

 

350,709

 

 

 

 

 

CASH FLOWS FROM INVESTING ACTIVITIES:

 

 

 

 

Additions to oil and gas properties

 

      (1,179,977)

 

(204,195)

Purchase of furniture and equipment

 

           (3,519)          

 

         (72,380)

Net cash used in investing activities

 

      (1,183,496)

 

         (276,575)

 

 

 

 

 

CASH FLOWS FROM FINANCING ACTIVITIES:

 

 

 

 

Proceeds from long-term debt

 

                 -

 

       1,161,009

Repayments of long-term debt

 

(261,351)

 

(242,503)

Proceeds from sale of common stock

 

            65,000

 

                   -

Net cash provided by (used in) financing activities

 

       (196,351)

 

        918,506

 

 

 

 

 

NET CHANGE IN CASH

 

(936,653)

 

           992,640

 

 

 

 

 

CASH, beginning of year

 

       ,395,100

 

        402,460

 

 

 

 

 

CASH, end of year

 

$       458,447

 

$     1,395,100

 

 

 

 

 

SUPPLEMENTAL INFORMATION:

 

 

 

 

Cash paid during the year for interest

 

$         94,103

 

$          55,353


 

1.     Summary of Significant Accounting Policies

 

Organization and Nature of Operations

FieldPoint Petroleum Corporation (the "Company") is incorporated under the laws of the state of Colorado.  The Company is engaged in the acquisition, operation and development of oil and gas properties, which are located in New Mexico, Oklahoma, South-Central Texas and Wyoming as of December 31, 2004.

 

Consolidation Policy

The consolidated financial statements include the accounts of the Company and its wholly-owned subsidiaries, Bass Petroleum, Inc and Raya Energy Corp.  All material intercompany accounts and transactions have been eliminated in consolidation.

 

Cash and Cash Equivalents

The Company considers all highly liquid debt instruments purchased with a remaining maturity of three months or less to be cash equivalents.

 

Short Term Investments

Short term investments consist primarily of holdings in mutual funds and publicly traded energy securities with readily determinable fair values.  These investments are bought and held principally, for the purpose of selling them in the near term and thus are classified as trading securities.  Trading securities are recorded at fair value on the balance sheet in current assets, with the change in fair value during the period classified as unrealized holding gains in other income.  All realized gains are included in other income.

 

Oil and Gas Producing Operations

The Company uses the successful efforts method of accounting for its oil and gas producing activities.  Costs incurred by the Company related to the acquisition of oil and gas properties and the cost of drilling successful wells are capitalized.  Costs incurred to maintain wells and related equipment and lease and well operating costs are charged to expense as incurred.  Gains and losses arising from sales of properties are included in income.  Unproved properties are assessed periodically for possible impairment.  The Company had no unproved properties as of December 31, 2003 or 2004.

 

Capitalized amounts attributable to proved oil and gas properties are depleted by the unit-of-production method based on proved reserves.  Depreciation and depletion expense for oil and gas producing property and related equipment was $494,231 and $426,969 for the years ended December 31, 2004 and 2003, respectively.

 

Capitalized costs are evaluated for impairment based on an analysis of undiscounted future net cash flows in accordance with Financial Accounting Standards Board Statement No. 144, Accounting for Impairment or Disposal of Long-Lived Assets.  If impairment is indicated, the asset is written down to its estimated fair value based on expected future discounted cash flows.

 

 

 

Joint Interest Billings Receivable and Oil and Gas Revenue Payable

Joint interest billings receivable represent amounts receivable for lease operating expenses and other costs due from third party working interest owners in the wells that the Company operates.  The receivable is recognized when the cost is incurred and the related payable and the Company's share of the cost is recorded.

 

Oil and gas revenues payable represents amounts due to third party revenue interest owners for their share of oil and gas revenue collected on their behalf by the Company.  The payable is recorded when the Company recognizes oil and gas sales and records the related oil and gas sales receivable.

 

The Company has a $54,721 and $65,184 net joint interest billing receivable from a company in receivership at 12/31/04 and 12/31/03 respectively.  The receiver has indicated he intends to settle the amount due by conveying oil and gas properties to the Company.  This settlement has not yet been approved by the bankruptcy court.  The Company anticipates that it will receive the properties, and that the value of the properties will be adequate to recover the amount due; however if the settlement is not approved, the Company may be unable to recover the receivable and further write-downs of the receivable balance may be necessary.  Based on the above facts, the Company has classified the receivable as long-term.

 

Derivative Activity

Derivatives are recorded under Statement of Financial Accounting Standards No. 133 ("SFAS 133"), Derivative Instruments and Hedging Activities.  Under SFAS 133, all derivative instruments are recorded on the balance sheet at fair value.  Changes in the derivative's fair value are currently recognized in earnings unless specific hedge accounting criteria are met.  For qualifying cash flow hedges, the gain or loss on the derivative is deferred in accumulated other comprehensive income (loss) to the extent the hedge is effective.  For qualifying fair value hedges, the gain or loss on the derivative is offset by related results of the hedged item in the income statement.  Gains and losses on hedging instruments included in accumulated other comprehensive income (loss) are reclassified to oil and natural gas sales revenue in the period that the related production is delivered.  Derivative contracts that do not qualify for hedge accounting treatment are recorded as derivative assets and liabilities at market value in the consolidated balance sheet, and the associated unrealized gains and losses are recorded as current expense or income in the consolidated statement of operations.  While such derivative contracts do not qualify for hedge accounting, management believes these contracts can be utilized as an effective component of commodity price risk management activities.

 

There were no open positions at December 31, 2004 or 2003.  For 2004 and 2003, the Company recorded realized gains and losses on derivative transactions of $5,000 and $5,184 respectively.

Other Property

Other assets classified as property and equipment are primarily office furniture and equipment and vehicles, which are carried at cost.  Depreciation is provided using the straight-line method

 

 

 

 

over estimated useful lives ranging from five to seven years.  Gain or loss on retirement or sale or other disposition of assets is included in income in the period of disposition.  Depreciation expense for other property and equipment was $15,391 and $40,000 for each of the years ended December 31, 2004 and 2003, respectively.

 

Asset Retirement Obligations

On August 15, 2001, the FASB issued Statement No. 143, Accounting for Asset Retirement Obligations ("Statement 143").  That standard requires entities to record the fair value of a liability for an asset retirement obligation in the period in which it was incurred.  When the liability is initially recorded, the entity capitalizes a cost by increasing the carrying amount of the related long-lived asset.  Over time, the liability is accreted to its present value each period, and the capitalized cost is depreciated over the useful life of the related asset.  Upon settlement of the liability, an entity either settles the obligation for its recorded amount or incurs a gain or loss upon settlement.   We adopted Statement 143 on January 1, 2003.  Upon adoption of Statement 143, we recorded an increase to Property and Equipment and Asset Retirement Obligations of approximately $521,461 and $496,658, respectively, as a result of the company separately accounting for salvage values and recording the estimated fair value of its plugging and abandonment obligation on the balance sheet, a reduction of accumulated depletion due to the effect of utilizing well equipment salvage value in the calculation of $91,159 and a cumulative effect on change in accounting principle of $16,506.

 

The following is a reconciliation of the Company's asset retirement obligations for the years ended:

 

 

 

2004

 

2003

 

 

 

 

 

Asset retirement obligation at January 1,

 

$  496,685

 

$   471,909

 

 

 

 

 

Asset retirement accretion expense

 

24,776

 

24,776

 

 

 

 

 

Less: plugging cost

 

               -

 

                 -

 

 

 

 

 

Asset retirement obligation at December 31,

 

   521,461

 

496,685

 

 

Income Taxes

Income taxes are provided for the tax effects of transactions reported in the financial statements and consist of taxes currently due, if any, plus net deferred taxes related primarily to differences between the bases of assets and liabilities for financial and income tax reporting.  Deferred tax assets and liabilities represent the future tax return consequences of those differences, which will either be taxable or deductible when the assets and liabilities are recovered or settled.  Deferred tax assets include recognition of operating losses that are available to offset future taxable income and tax credits that are available to offset future income taxes.  Valuation allowances are recognized to limit recognition of deferred tax assets where appropriate.  Such allowances may be reversed when circumstances provide evidence that the deferred tax assets will more likely than not be realized.

 

Stock-Based Compensation

 

In December 2002, the FASB issued Statement No. 148, Accounting for Stock-Based Compensation ­ Transition and Disclosure, ("Statement 148").  Statement 148 provides alternative methods of transition to the fair value method of accounting proscribed by FASB Statement No. 123, Accounting for Stock-Based Compensation ("Statement 123").  Statement 148 also amends the disclosure provisions of Statement 123 and Accounting Principles Board Opinion No. 18, Interim Financial Reporting, to require disclosure in the summary of significant accounting policies of the effects of an entity's accounting policy with respect to stock-based employee compensation on reported net income and earnings per share in annual and interim financial statements.  Statement 148 does not require companies to account for employee stock options under the fair value method.  We did not adopt the fair value method of accounting for stock-based compensation; however, we have adopted the disclosure provision of Statement 148.  If the Company had followed the fair value model for expensing stock options, net income would have been adjusted as per the pro forma amounts:

 

 

 

For the years ended

Dec 31,

 

 

2004

 

2003

 

 

 

 

 

Income available to common shares

 

 

 

 

 

 

 

 

 

As reported

 

$    518,715

 

$     156,895

 

 

 

 

 

Effect of expensing stock options, net of tax

 

     (96,000)

 

     (58,000)

 

 

 

 

 

Pro forma

 

422,715

 

98,895

 

 

 

 

 

Income available to common shares; basic and diluted:

 

 

 

 

 

 

 

 

 

As reported

 

$0.07

 

             $0.02

 

 

 

 

 

Pro forma

 

$0.05

 

$0.01

 

Use of Estimates and Certain Significant Estimates

The preparation of the Company's financial statements in conformity with generally accepted accounting principles requires the Company's management to make estimates and assumptions that affect the amounts reported in these financial statements and accompanying notes.  Actual results could differ from those estimates.  Significant assumptions are required in the valuation of proved oil and gas reserves, which as described above may affect the amount at which oil and gas properties are recorded.  The Company's allowance for doubtful accounts is a significant estimate and is based on management's estimates of uncollectible receivables.  It is at least reasonably possible these estimates could be revised in the near term and the revisions could be material.


 

 

Recent Accounting Pronouncements

In April 2003, the FASB issued Financial Accounting Standards No. 149, Amendment of Statement 133 on Derivative Instruments and Hedging Activities ("Statement 149").  Statement 149 amends and clarifies the accounting for derivative instruments, including certain derivative instruments embedded in other contracts, and for hedging activities under Statement 133, Accounting for Derivative Instruments and Hedging Activities.  Statement 149 is generally effective for contracts entered into or modified after June 30, 2003, and for hedging relationships designated after June 30, 2003. The adoption of this statement did not have an impact on the Company's results of operations or financial position at December 31, 2003.

 

In January 2003, the FASB issued Interpretation No. 46, Consolidation of Variable Interest Entities, an Interpretation of ARB No. 51, which was revised and superceded by FASB Interpretation No. 46R in December 2003 ("FIN 46R").  FIN 46R requires the consolidation of certain variable interest entities, as defined.  FIN 46R is effective immediately for special purpose entities and variable interest entities created after December 31, 2003, and must be applied to other variable interest entities no later than December 31, 2004. The Company believes it has no such variable interest entities and as a result FIN 46R will have no impact on its results of operations, financial position or cash flows.

 

On December 16, 2004, the FASB published FASB Statement No. 123 (revised 2004), Share-Based Payment.  Statement 123 (R) requiring that the compensation cost relating to share-based payment transactions be recognized in financial statements. That cost will be measured based on fair value of the equity or liability instruments issued. Public entities (other than those filing as small business issuers) will be required to apply Statement 123 R as of the first interim or annual reporting period that begins after June 15, 2005. Public entities that file as small business issues will be required to apply Statement 123 R  in the first interim or annual reporting period that begins after December 15, 2005. Statement 123 R replaces FASB Statement No. 123, Accounting for Stock-Based Compensation, and supersedes APB Opinion No. 25, Accounting for Stock Issued to Employees.  The Company believes the adoption of this statement will not have a material impact on the Company's results of operations or financial position. 

 

2.     Acquisition of Oil and Gas Properties

 

Effective March 11, 2004, the Company consummated the purchase of an 87.5%-100% working interest representing a 72.5625%-87.5% net revenue interest in oil and gas properties located in the Lusk Field in Lea County, New Mexico.  The interests were acquired from PXP Gulf Coast, Inc.  The Company paid $850,000 cash consideration for the lease rights and related equipment.  The funds for the acquisition were derived from the Company's existing revolving credit facility.

 


 

 

The following unaudited pro forma information is presented as if the interest in the property had been acquired on January 1, 2003.

 

                                                                                 2004                          2003

 

Revenues                                                             $ 3,081,527                 2,616,198      

Net Income                                                          $    549,907                    257,003    

Net Income per share                                          $         .07                             .03

 

3.    Related Party Transactions

 

The Company leases office space from its majority stockholder.  Rent expense for this lease was $30,000 and $24,000 for each of the years ended December 31, 2004 and 2003, respectively.

 

4.    Long-Term Debt

 

Long-term debt at December 31, 2004 and 2003 consisted of the following:

 

 

 

2004

 

2003

Note payable to a bank, interest at the bank's floating rate (6.25% at December 31, 2004), monthly payments of principal of $27,350, plus accrued interest beginning April 2004, until maturity in March 2005.  This note is collateralized by certain oil and gas properties and is guaranteed by the majority stockholder of the Company.

 

 

 

 

 

 

$  1,496,315

 

 

 

 

 

 

$  1,750,000

 

 

 

 

 

Other notes payable collateralized by vehicles

 

            460

 

          8,127

 

 

 

 

 

Total

 

1,496,775

 

1,758,127

Less current portion

 

 (1,496,775)

 

    (266,324)

 

 

$                -

 

$  1,491,803

 

5.    Income Taxes

 

The Company's deferred tax assets (liabilities) are composed of the following:

 

December 31,

 

2004

 

  2003

Deferred tax assets:

 

 

 

Non-deductible acquisition cost

$      12,000

 

$      12,000

Net operating loss and depletion carryforwards

 13,000

 

164,000

Allowance for doubtful accounts and other assets

        46,000

 

        69,000

 

71,000

 

245,000

Deferred tax liabilities:

 

 

 

Difference in bases of oil and gas properties

   (436,000)

 

    370,000)

Net liability

$  (365,000)

 

$ (125,000)

 

 

 

The effective tax rate differs from the statutory rate as follows:

 

2004

 

2003

Statutory rate

34%

 

34%

Change in rate and other

    4%

 

  (4%)

Effective rate

  38%

 

  30%

 

At December 31, 2004, the Company had available net operating loss ("NOL") and depletion carryforwards totaling approximately $ 38,000 which may be used to reduce future taxable income and expire from 2019 through 2022.

6.       Earnings Per Share

 

Basic earnings per share is computed based on the weighted average number of shares of common stock outstanding during the year.  Diluted earnings per share takes common stock equivalents (such as options and warrants) into consideration.  The following table sets forth the computation of basic and diluted earnings per share:

 

 

December 31,

 

2004

 

2003

Numerator:

 

 

 

Net income

$     518,715 

 

$     156,895

Numerator for basic and diluted earnings per share

   518,715

 

156,895

Denominator:

 

 

 

Denominator for basic earnings per share ­ weighted average shares


7,493,326

 

 

7,530,175

Effect of dilutive securities:

 

 

 

Director stock options

           156,929

 

           91,693

President stock options

                        53,042

 

                -

Warrants issued with private placement

          52,066

 

                  -

Dilutive potential common shares

262,037

 

            91,693

Denominator for diluted earnings per share ­ adjusted weighted average shares

 

     7,755,363

 

 

   7,621,868

Basic earnings per share

$              .07

 

$            .02

Diluted earnings per share

$              .07

 

$            .02

 

Outstanding stock options and warrants to purchase 1,225,916 shares have been excluded from the December 31, 2003 calculation of earnings per share as their effect would be anti-dilutive. Outstanding warrants to purchase 200,000 shares have been excluded from the December 31, 2004 calculation of earnings per share as their effect would be anti-dilutive.

 

For additional disclosures regarding the stock options and the warrants, see Note 7. 

 

 

 

 

 

7.        Stock Based Compensation

 

Stock Options

In April 2003, the Company granted 100,000 non-qualified stock options to directors to purchase the Company's common stock at $0.55 per share, which was greater than the quoted market price on the date of the grant.  The options are exercisable from November 2003 through December 2005.

 

In April 2003, the Company granted 100,000 non-qualified stock options to directors to purchase the Company's common stock at $0.37 per share, which was greater than the quoted market price on the date of the grant.  The options are exercisable from November 2003 through December 2005.

 

In March 2004, the Company granted 200,000 non-qualified stock options to its Chief Executive Officer to purchase the Company's common stock at $0.65 per share, which was greater than the quoted market price on the date of the grant.  The options are exercisable from November 2004 through December 2006.

 

In March 2004, the Company granted 90,000 non-qualified stock options to directors to purchase the Company's common stock at $0.65 per share, which was greater than the quoted market price on the date of the grant.  The options are exercisable from November 2004 through December 2006.

 

In August 2004, the Company granted 100,000 non-qualified stock options to a director to purchase the Company's common stock at $0.65 per share, which was greater than the quoted market price on the date of the grant.  The options are exercisable from June 2005 through June 2007.

 

In September 2004, the Company granted 120,000 non-qualified stock options to directors and 10,000 non-qualified stock options to its Controller to purchase the Company's common stock at $0.65 per share, which was greater than the quoted market price on the date of the grant.  The options are exercisable from June 2005 through June 2007.

The following is a summary of activity for the stock options granted for the years ended December 31, 2004 and 2003: