Correspondence 0001493152-24-029618 from BirchBioMed Inc. (CIK 0001670747)
BirchBioMed Inc. (CIK 0001670747)
Date: July 30, 2024 · CIK: 0001670747 · Accession: 0001493152-24-029618
AI Filing Summary & Sentiment
Referenced dates: July 2, 2024
Letter
July 30, 2024
U.S. Securities and Exchange Commission
Division of Corporation Finance
Office of Life Sciences
F Street, N.E.
Washington, DC 20549
Attention:
Eric Atallah
Mary Mast
Joshua Gorsky
Laura Crotty
Re:
BirchBioMed Inc.
Amendment No. 1 to Draft Offering Statement on Form 1-A
Submitted June 20, 2024
CIK No. 0001670747
Ladies and Gentlemen:
On behalf of BirchBioMed Inc. (the “Company”), we are responding to the comment of the staff of the Division of Corporation Finance (the “Staff”) of the U.S. Securities and Exchange Commission set forth in the Staff’s letter, dated July 2, 2024, providing the Staff’s comment with respect to Amendment No. 1 to the draft of the Company’s Offering Statement on Form 1-A (the “Draft Offering Statement”). The Company is currently publicly filing via the EDGAR system a Form 1-A Offering Statement (the “Form 1-A Offering Statement”), which amends and updates the Draft Offering Statement to reflect the following responses and includes updated financial information for the Company.
For the convenience of the Staff, the Staff’s comment is included and is followed by the corresponding response of the Company. Unless the context indicates otherwise, references in this letter to “we,” “us” and “our” refer to the Company.
Amendment No. 1 to Draft Offering Statement on Form 1-A, Submitted June 20, 2024
Capitalization, page 42
1. We note your revisions in response to prior comment 5. Please address the following:
● Remove the “Total Liabilities” line item from your capitalization table as not all components included in this line item are part of your capitalization.
● It does not appear as though your total capitalization total is mathematically accurate, Please revise your filing accordingly.
Response: The Company has updated the capitalization table to address the SEC’s comments and to reflect the interim financials for the period ended March 31, 2024 included in the Form 1-A Offering Statement.
* * *
If you have any further questions or comments, or if you require any additional information, please do not hesitate to contact the undersigned by email at cmurillo@hselaw.com or telephone at (585) 231-1396.
BAUSCH & LOMB PLACE ROCHESTER, NY 14604-2711 PHONE: 585.232.6500 FAX: 585.232.2152
rochester, ny • buffalo, ny • albany, ny • corning, ny • new york, ny
U.S. Securities and Exchange Commission
Division of Corporation Finance
July 30, 2024
Page
Very
truly yours,
Harter
Secrest & Emery LLP
Show Raw Text
CORRESP
1
filename1.htm
July
30, 2024
U.S.
Securities and Exchange Commission
Division
of Corporation Finance
Office
of Life Sciences
100
F Street, N.E.
Washington,
DC 20549
Attention:
Eric
Atallah
Mary
Mast
Joshua
Gorsky
Laura
Crotty
Re:
BirchBioMed
Inc.
Amendment
No. 1 to Draft Offering Statement on Form 1-A
Submitted
June 20, 2024
CIK
No. 0001670747
Ladies
and Gentlemen:
On
behalf of BirchBioMed Inc. (the “Company”), we are responding to the comment of the staff of the Division of Corporation
Finance (the “Staff”) of the U.S. Securities and Exchange Commission set forth in the Staff’s letter, dated
July 2, 2024, providing the Staff’s comment with respect to Amendment No. 1 to the draft of the Company’s Offering Statement
on Form 1-A (the “Draft Offering Statement”). The Company is currently publicly filing via the
EDGAR system a Form 1-A Offering Statement (the “Form 1-A Offering Statement”), which amends and updates
the Draft Offering Statement to reflect the following responses and includes updated financial information for the Company.
For
the convenience of the Staff, the Staff’s comment is included and is followed by the corresponding response of the Company. Unless
the context indicates otherwise, references in this letter to “we,” “us” and “our” refer to the Company.
Amendment
No. 1 to Draft Offering Statement on Form 1-A, Submitted June 20, 2024
Capitalization,
page 42
1.
We
note your revisions in response to prior comment 5. Please address the following:
●
Remove
the “Total Liabilities” line item from your capitalization table as not all components included in this line item are
part of your capitalization.
●
It
does not appear as though your total capitalization total is mathematically accurate, Please revise your filing accordingly.
Response:
The Company has updated the capitalization table to address the SEC’s comments and to reflect the interim financials for the period
ended March 31, 2024 included in the Form 1-A Offering Statement.
*
* *
If
you have any further questions or comments, or if you require any additional information, please do not hesitate to contact the undersigned
by email at cmurillo@hselaw.com or telephone at (585) 231-1396.
1600
BAUSCH & LOMB PLACE ROCHESTER, NY 14604-2711 PHONE: 585.232.6500 FAX: 585.232.2152
rochester,
ny • buffalo, ny • albany, ny • corning, ny • new york, ny
U.S.
Securities and Exchange Commission
Division
of Corporation Finance
July
30, 2024
Page
2
Very
truly yours,
Harter
Secrest & Emery LLP
/s/
C. Christopher Murillo
C.
Christopher Murillo
DIRECT
DIAL: 585.231.1396
EMAIL:
CMURILLO@HSELAW.COM
cc:
Alexander
R. McClean, Esq