SEC Comment Letter 0000000000-24-001731 to ABVC BIOPHARMA, INC. (ABVC) (CIK 0001173313) (ABVC)
ABVC BIOPHARMA, INC. (ABVC) (CIK 0001173313)
Date: Feb. 13, 2024 · CIK: 0001173313 · Accession: 0000000000-24-001731
AI Filing Summary & Sentiment
File numbers found in text: 333-276500
Letter
United States securities and exchange commission logo February 13, 2024 Uttam Patil, Ph.D. Chief Executive Officer ABVC BioPharma, Inc. 44370 Old Warm Springs Blvd. Fremont, CA 94538 Re:ABVC BioPharma, Inc. Amendment No. 1 to Registration Statement on Form S-1 Filed February 9, 2024 File No. 333-276500 Dear Uttam Patil: We have reviewed your amended registration statement and have the following comments. Please respond to this letter by amending your registration statement and providing the requested information. If you do not believe a comment applies to your facts and circumstances or do not believe an amendment is appropriate, please tell us why in your response. After reviewing any amendment to your registration statement and the information you provide in response to this letter, we may have additional comments. Unless we note otherwise, any references to prior comments are to comments in our January 22, 2024 letter. Amendment No. 1 to Registration Statement on Form S-1, filed February 9, 2024 Executive Compensation, page 81 1.We note your response to prior comment 1 and we reissue the comment. Please revise your registration statement to include all of the executive compensation disclosures required for the fiscal year ended December 31, 2023. For example, your compensation tables and related disclosures should cover each of the named executive officers described in Item 402(m)(2) of Regulation S-K, including Dr. Uttam Patil given his appointment as your Chief Executive Officer on June 21, 2023. In addition, it is unclear whether your directors received any compensation in 2023. Refer to Item 402(r) of Regulation S-K. Selling Stockholders, page 92 2.We note your response to prior comment 2 and we reissue the comment. Please update the selling stockholder table to reflect all of the shares being registered pursuant to this
FirstName LastNameUttam Patil, Ph.D. Comapany NameABVC BioPharma, Inc. February 13, 2024 Page 2 FirstName LastName Uttam Patil, Ph.D. ABVC BioPharma, Inc. February 13, 2024 Page 2 registration statement on behalf of the selling stockholders. In this regard, the number in the table now appears to exclude the 25,000 shares of common stock underlying the 3rd PA Warrants. Please contact Jessica Dickerson at 202-551-8013 or Alan Campbell at 202-551-4224 with any questions. Sincerely, Division of Corporation Finance Office of Life Sciences cc: Louis Taubman, Esq.
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United States securities and exchange commission logo
February 13, 2024
Uttam Patil, Ph.D.
Chief Executive Officer
ABVC BioPharma, Inc.
44370 Old Warm Springs Blvd.
Fremont, CA 94538
Re:ABVC BioPharma, Inc.
Amendment No. 1 to Registration Statement on Form S-1
Filed February 9, 2024
File No. 333-276500
Dear Uttam Patil:
We have reviewed your amended registration statement and have the following
comments.
Please respond to this letter by amending your registration statement and providing the
requested information. If you do not believe a comment applies to your facts and circumstances
or do not believe an amendment is appropriate, please tell us why in your response.
After reviewing any amendment to your registration statement and the information you
provide in response to this letter, we may have additional comments. Unless we note otherwise,
any references to prior comments are to comments in our January 22, 2024 letter.
Amendment No. 1 to Registration Statement on Form S-1, filed February 9, 2024
Executive Compensation, page 81
1.We note your response to prior comment 1 and we reissue the comment. Please revise
your registration statement to include all of the executive compensation disclosures
required for the fiscal year ended December 31, 2023. For example, your compensation
tables and related disclosures should cover each of the named executive officers described
in Item 402(m)(2) of Regulation S-K, including Dr. Uttam Patil given his appointment as
your Chief Executive Officer on June 21, 2023. In addition, it is unclear whether your
directors received any compensation in 2023. Refer to Item 402(r) of Regulation S-K.
Selling Stockholders, page 92
2.We note your response to prior comment 2 and we reissue the comment. Please update the
selling stockholder table to reflect all of the shares being registered pursuant to this
FirstName LastNameUttam Patil, Ph.D.
Comapany NameABVC BioPharma, Inc.
February 13, 2024 Page 2
FirstName LastName
Uttam Patil, Ph.D.
ABVC BioPharma, Inc.
February 13, 2024
Page 2
registration statement on behalf of the selling stockholders. In this regard, the number in
the table now appears to exclude the 25,000 shares of common stock underlying the 3rd
PA Warrants.
Please contact Jessica Dickerson at 202-551-8013 or Alan Campbell at 202-551-4224
with any questions.
Sincerely,
Division of Corporation Finance
Office of Life Sciences
cc: Louis Taubman, Esq.