Unassociated Document
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
 
FORM 10-Q/A
 
Amendment No. 1
(Mark One)
 
x
QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934

For the Quarterly Period Ended June 30, 2011
 
OR

 
¨
TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934
 
For the transition period from ______________ to ______________
 
Commission File No. 000-32429

 (Exact name of small business issuer as specified in its charter)

NEVADA
 
1040
 
65-0955118
(State or other jurisdiction of
 
(Primary Standard Industrial
 
(I.R.S. Employer
incorporation or organization)
 
Classification Code Number)
 
Identification No.)

P.O. Box 1118
Virginia City, NV 89440
(Address of principal executive offices)
(775) 847-5272
(Registrant’s telephone number, including area code)
 
Indicate by check mark 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  o
 
Indicate by check mark whether the registrant has submitted electronically and posted on its corporate Web site, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T (§232.405 of this chapter) during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files).
 
Yes  x  No  o
 
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 definition of “accelerated filer and large accelerated filer” in Rule 12b-2 of the Exchange Act. (Check one):
 
Large accelerated filer  o        Accelerated filer  o
 
Non-accelerated filer  o      Smaller reporting company  x
 
Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Act). Yes o No x
 
The number of shares of Common Stock, $0.000666 par value, of the registrant outstanding at August 9, 2011 was 25,426,460. 
 
 
 

 
 
Explanatory Note
 
The purpose of this amendment on Form 10-Q/A to Comstock Mining Inc.’s quarterly report on Form 10-Q for the period ended June 30, 2011, filed with the Securities and Exchange Commission on August 12, 2011 (“Form 10-Q”), is solely to furnish Exhibit 101 to the Form 10-Q, as required by Rule 405 of Regulation S-T.
 
No other changes have been made to the Form 10-Q. This Form 10-Q/A speaks as of the original filing date of the Form 10-Q, does not reflect events that may have occurred subsequent to the original filing date, and does not modify or update in any way disclosures made in Form 10-Q.
 
Pursuant to Rule 406T of Regulation S-T, the interactive data files on Exhibit 101 hereto are deemed not filed or part of a registration statement or prospectus for purposes of sections 11 or 12 of the Securities Act of 1933, as amended, are deemed not filed for purposes of section 18 of the Securities and Exchange Act of 1934, as amended, and otherwise are not subject to liability under those sections.
 
 
2

 
 
Item 6. Exhibits and Reports on Form 8-K
 
Exhibit No.
 
Description
   
     
31.1*
 
Certifications of Principal Executive Officer and Principal Financial Officer pursuant to Rule 13a-14(a) and Rule 15d-14(a), promulgated under the Securities Exchange Act of 1934, as amended.
   
32.*
 
Certifications pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
   
101.INS**
 
XBRL Instance Document
   
101.SCH**
 
XBRL Taxonomy Extension Schema
   
101.CAL**
 
XBRL Taxonomy Extension Calculation Linkbase
   
101.DEF**
 
XBRL Taxonomy Extension Definition Linkbase
   
101.LAB**
 
XBRL Taxonomy Extension Label Linkbase
   
101.PRE**
 
XBRL Taxonomy Extension Presentation Linkbase
 
*
Filed with our Form 10-Q as filed on August 12, 2011

**
Furnished with this Form 10-Q/A
 
 
3

 
 
SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.

 
COMSTOCK MINING, INC.
 
 
(Registrant)
 
     
Date: September 2, 2011
By:
/s/ Corrado De Gasperis
 
   
Name: Corrado De Gasperis
 
   
Title:   Chief Executive Officer (Principal
Executive Officer and Principal Financial
Officer)
 
       
Date: September 2, 2011
By:
/s/ Robert T. Faber
 
   
Name: Robert T. Faber
 
   
Title:   Chief Accounting Officer