No Action Letter: BirchBioMed Inc.

Response of the Office of Small Business Policy
Division of Corporation Finance

June 30, 2025

Via Email

Alexander R. McClean, Harter Secrest & Emery LLP
AMCCLEAN@hselaw.com

Re:  BirchBioMed Inc.

We are responding to your letter dated June 27, 2025. To avoid having to recite or summarize the facts set forth in your letter, we attach a copy of your letter. Unless defined herein, capitalized terms used in this response have the same meaning as defined in your letter.

Based on the facts and representations presented in your letter, the Division of Corporation Finance (the “Division”), will not recommend enforcement action to the Commission if (i) the Company does not submit ongoing reports required by Rule 257(b) of Regulation A and (ii) files a Form 1-Z in reliance on Rule 257(d) of Regulation A to suspend its reporting obligations on or before June 30, 2025, the due date for the Company’s semi-annual report for the Company’s current fiscal year, notwithstanding the provisions of Rule 257(d)(4)(i) and (ii) of Regulation A.

This letter reflects the views of the staff of the Division. It is not a rule, regulation, or statement of the Commission, and the Commission has neither approved nor disapproved its content. This letter, like all staff statements, has no legal force or effect: it does not alter or amend applicable law, and it creates no new or additional obligations for any person. Because the Division’s views are based on the representations in your letter, any different facts or conditions might require the Division to reach a different conclusion.