Item 2.02. Results of Operations and Financial Condition
On
Item 4.02. Non-Reliance on Previously Issued Financial Statements or a Related Audit Report or Completed Interim Review.
On
Except for the Restated Period, no previously reported annual audited or interim unaudited financial statements are impacted by management's or the Audit Committee's non-reliance assessment or require restatement. The restatement is not expected by the Company to have an adverse effect on the Company's operations, liquidity and overall business plan.
In summary, changes as a result of the Company's review are expected to have a cumulative net effect for the Restated Period as follows:
1. Increasing total revenue and decreasing net loss on the condensed consolidated statements of operations and related footnotes by approximately$0.2 million ; and 2. Decreasing contract liability and accumulated deficit by approximately$0.2 million .
While the erroneous accounting was used in periods prior to the Restated Period,
the impact for the fiscal years ended
On
The Company determined that it needed to recognize certain revenues over the expected customer life and assess breakage, rather than over a one-year period, as was previously done. Management also analyzed the classification of the Company's revenue between product and service revenue. After a detailed review, and following a presentation by Company management with input from the Company's advisors, the Audit Committee determined that the Company's prior revenue recognition method was not consistent with the guidance in ASC 606 and updated its ASC 606 and 842 revenue recognition policies to conform to management's analysis and recommendations.
Since commencement of the VIP program in 2018, the Company recognized revenue
according to a policy which management had believed to be appropriate and in
accordance with
Previously, the Company's revenues were reported as approximately$3.5 million for the three-month period endedMarch 31, 2022 . Based on its preliminary assessment, the Company expects that revenue on a net basis will be reported as approximately$3.6 million for the three-month period endedMarch 31, 2022 . The following table provides a summary of the estimated adjustments for the Restated Period: Three Months Ended March 31, 2022 Reported Adjustment Restated Revenue Product revenue: Appliance sales to VIPs$ 1,536 $ 327$ 1,863 Center revenue 186 186 Total product revenue 1,722 327 2,049 Service revenue VIP 1,237 (323 ) 914 Billing intelligence services 216 180 396 Management service revenue (MID related) 24 - 24 Sponsorship/seminar/other 261 - 261 Total service revenue 1,738 (143 ) 1,595 Total revenue$ 3,460 $ 184$ 3,644
The amounts provided above are subject to the completion of the Company's restatement analysis and financial close and reporting process, as well as the financial statement review for the Restated Period. While the Company believes that the foregoing description will represent the entirety of the impact on the Company's prior results of operations, given the incomplete nature of the Company's restatement analysis, financial close and reporting process, the Company can give no assurance that no further adjustments will arise, and the restated financial statements for the Restated Periods will reflect any such additional adjustments that arise.
The Company's management has concluded that in light of the information
described above, the Company's disclosure controls and procedures were not
effective at
The Company expects to file its restated Form 10-Q for the Restated Period in
the near future and its second and third quarter reports on Form 10-Q for the
periods-ended
Item 9.01 Financial Statements and Exhibits
(d) Exhibits Exhibit No. Description 99.1 Press release, datedNovember 22, 2022 as issued byVivos Therapeutics, Inc. 104 Cover Page Interactive Data File (embedded within the Inline XBRL document)
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