SEC Company Response from NewHydrogen, Inc. (NEWH) (CIK 0001371128) (NEWH) — Oct 26, 2009
NewHydrogen, Inc. (NEWH) (CIK 0001371128)
Date: Oct. 26, 2009 · CIK: 0001371128 · Accession: 0001144204-09-054633
AI Filing Summary & Sentiment
File numbers found in text: 333-138910
Referenced dates: October 19, 2009
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CORRESP
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filename1.htm
BIOSOLAR,
INC.
27936
Lost Canyon Road, Suite 202
Santa
Clara, CA 91387
Tel:
(661)251-0001
Fax:
(661)251-0003
October
26, 2009
Via
Edgar
United
States Securities and Exchange Commission
Division
of Corporation Finance
100 F
Street, NE
Washington,
DC 20549
Attention:
John
Cash, Accounting Branch Chief
Dave
Welcome, Staff Accountant
Tricia
Armelin, Staff Accountant
Re:
BioSolar,
Inc.
Form
10-KSB for Fiscal Year Ended December 31, 2008
Form
10-Q for the Fiscal Quarter Ended March 31, 2009
Form
10-Q for the Fiscal Quarter Ended June 30, 2009
File
No. 333-138910
Ladies
and Gentlemen:
The
following addresses the comments of the reviewing staff of the Commission set
forth in its letter dated October 19, 2009, relating to the periodic reports of
BioSolar, Inc. (the “Company”). We respond as follows:
Form 10-K for the Fiscal
Year Ended December 31, 2008
Item 9A. Controls and
Procedures, page 15
1.
We
note your statement that "our relevant officers have made conclusions as
to the effectiveness of our disclosure controls and procedures at the
reasonable assurance level"; however, it does
not appear that you have provided the appropriate conclusion. In this
regard, please amend your Form 10-K to provide the conclusions of your
principal executive officer and principal financial officer as to the
effectiveness of your disclosure controls and procedures as required by
Item 307 of Regulation S-K. We remind you that the entire "Item" being
amended should be presented in your amendment to Form
10-K.
Response:
We have revised to provide our management’s conclusion that our disclosure
controls and procedures are effective. Please see Item 9A of the amended 10-K
for the fiscal year ended December 31, 2008 filed on Edgar simultaneously
herewith.
Exhibit 31 —
Certification
2.
We
note that in the
first paragraph of your certification, you have not correctly identified
the registrant. In this regard, please amend your Form 10-K to provide the
name of your company in paragraph 1, as required by Item 601(b (31)(i) of
Regulation S-K. Additionally, please omit the certifying individual's
title in the introduction sentence of the certification, since the officer
should sign the certificate in a personal
capacity.
Response: We have revised to correctly
identify the Company and to remove the title of David Lee. Please see Exhibit 31
to the amended 10-K for the fiscal year ended December 31, 2008 filed on
Edgar simultaneously herewith.
Form 10-O for the Fiscal
Quarter Ended March 31, 2009
Form 10-O for the Fiscal
Quarter Ended June 30, 2009
Exhibit
31
3.
We
note that in your section 302
certification:
·
the
introduction sentence contains the certifying individual's title; however,
this is not appropriate as the officer should sign the certificate in a
personal capacity;
·
paragraphs
3, 4 and 5 reference the term" small business issuer" and should be
replaced with the term "registrant";
and
·
you
have omitted the required language in paragraph 4 and 4(b) referring to
internal control over financial
reporting.
In this
regard, please amend your Form I0-Q for each of the fiscal quarters ended March
31, 2009 and June 30, 2009 to provide your certifications using the exact
language as provided in Item 601(b)(31)(i) of Regulation S-K.
Response:
We have revised Exhibit 31 in accordance with the Staff’s comment. Please see
Exhibit 31 to the amended 10-Qs for the quarters ended March 31, 2009 and June
30, 2009 filed on Edgar simultaneously herewith.
The
company acknowledges that:
·
the
company is responsible for the adequacy and accuracy of the disclosure in
its filings;
·
staff
comments or changes to disclosure in response to staff comments do not
foreclose the Commission from taking any action with respect to the filing;
and
·
the
company may not assert staff comments as a defense in any proceeding
initiated by the Commission or any person under the federal securities
laws of the United States.
Should
you have any questions, please do not hesitate to contact the undersigned at
(661) 251-0001.
Very
truly yours,
David
Lee
Chief
Executive Officer