United States
Securities and Exchange Commission
Washington, D.C. 20549
Securities and Exchange Commission
Washington, D.C. 20549
FORM 12b-25
Notification of Late Filing
(Amendment
No. 0)*
| OMB Number 3234-0058 |
SEC File
Number 1-12830 |
CUSIP
Number 09066L-10-5 |
| (Check one): | √ | Form 10-K | Form 20-F | Form 11-K | Form 10-Q | Form 10-D | Form N-SAR | |||||
| Form N-CSR | ||||||||||||
| For Period Ended: | December 31, 2007 | |||||||||||
| Transition Report on Form 10-K | ||||||||||||
| Transition Report on Form 20-F | ||||||||||||
| Transition Report on Form 11-K | ||||||||||||
| Transition Report on Form 10-Q | ||||||||||||
| Transition Report on Form N-SAR | ||||||||||||
| For the Transition Period Ended: | ||||||||||||
Read Instruction (on back page)
Before Preparing Form. Please Print or Type.
Nothing in this form shall be
construed to imply that the Commission has verified any information contained
herein.
- If the notification relates to a portion of the filing checked above, identify the Item(s) to which the notification relates:
Part I - Registrant
Information
BioTime, Inc.
Full Name of Registrant
Former Name if Applicable
6121 Hollis Street
Address of Principal Executive Office (Street and Number)
Emeryville, California 94608
City, State and Zip Code
City, State and Zip Code
Part II - Rules 12b-25(b) and
(c)
If the subject report could not be filed without unreasonable effort or
expense and the registrant seeks relief pursuant to Rule 12b-25(b), the
following should be completed.(Check box if appropriate.)
|
√
|
(a) | The reason described in reasonable detail in Part III of this form could not be eliminated without unreasonable effort or expense. |
| (b) | The subject annual report, semi-annual report, transition report on Form 10-K, Form 20-F, Form 11-K, Form N-SAR or Form N-CSR, or portion thereof, will be filed on or before the fifteenth calendar day following the prescribed due date; or the subject quarterly report or transition report on Form 10-Q or subject distribution report on Form 10-D, or portion thereof, will be filed on or before the fifth calendar day following the prescribed due date; and | |
| (c) | The accountant's statement or other exhibit required by Rule 12b-25(c) has been attached if applicable. |
Part III - Narrative
- State below in reasonable detail why Forms 10-K, 20-F, 11-K, 10-Q,10-D, N-SAR, N-CSR, or the transition report or portion thereof, could not be filed within the prescribed time period.
-
BioTime could not file its Annual Report on Form 10-KSB for the year ended December 31, 2007 within the prescribed period because additional information is required by its independent accountants to complete their audit procedures pertaining to BioTime's financial statements for that fiscal year.
BioTime expects that its independent accountants will be able to complete their audit, and that BioTime will be able to file its Form 10-KSB, by the fifteenth calendar day following the prescribed due date.
Part IV - Other Information
-
Name and telephone number of person to contact in regard to this notification
Steven A. Seinberg, Chief Financial Officer 510 350-2940 (Name) (Area Code) (Telephone Number) -
Have all other periodic reports required under Section 13 or 15(d) of the Securities Exchange Act of 1934 or Section 30 of the Investment Company Act of 1940 during the preceding 12 months or for such shorter period that the registrant was required to file such report(s) been filed?
Yes √ No - If answer is no, identify report(s).
-
Is it anticipated that any significant change in results of operations from the corresponding period for the last fiscal year will be reflected by the earnings statements to be included in the subject report or portion thereof?
Yes No √ - If so, attach an explanation of the anticipated change, both narratively and quantitatively, and, if appropriate, state the reasons why a reasonable estimate of the results cannot be made.
- BIOTIME, INC.
-
- (Name of Registrant as Specified in Charter)
has caused this notification to be signed on its behalf by the undersigned
hereunto duly authorized
| Date: | 03-31-2008 | By /s/ | Steven A. Seinberg | Title: | Chief Financial Officer |
INSTRUCTION: The form may be signed by an executive officer of the
registrant or by any other duly authorized representative. The name and title of
the person signing the form shall be typed or printed beneath the signature. If
the statement is signed on behalf of the registrant by an authorized
representative (other than an executive officer), evidence of the
representative's authority to sign on behalf of the registrant shall be filed
with the form.
Attention
Intentional
misstatements or omissions of fact constitute Federal Criminal Violations (See
18 U.S.C. 1001).
|
Certified
|
Rothstein,
Kass & Company, P.C.
|
Beverly
Hills
|
|
|
Public
|
4
Becker Farm Road
|
Dallas
|
|
|
Accountants
|
Roseland,
NJ 07068
|
Denver
|
|
|
tel
973.994.6666
|
Grand
Cayman
|
||
|
fax
973.994.0337
|
New
York
|
||
|
www.rkco.com
|
Roseland
|
||
|
San
Francisco
|
|||
|
Walnut
Creek
|
Rothstein
Kass
March 31,
2008
Securities
and Exchange Commission
100 F
Street NE.
Washington,
D.C. 20549
This
letter is written in response to the requirement of Rule 12b-25(c) under the
Securities Exchange Act of 1934 and in satisfaction of item (c) of Part II of
Form 12b-25.
We are
the independent auditors of BioTime, Inc. (the “Registrant”). The Registrant has
stated in Part III of its filing on Form 12b-25 that it is unable to timely
file, without unreasonable effort or expense, its Annual Report on Form 10-K for
the year ended December 31, 2007 because our Firm has not yet completed our
audit of the financial statements of the Registrant for the year ended December
31, 2007 and is therefore unable to furnish the required opinion on such
financial statements.
We hereby
advise you that we have read the statements made by the Registrant in Part III
of its filing on Form 12b-25 and agree with the statements made therein. We are
unable to complete our audit of the Registrant’s financial statements and
furnish the required opinion for a timely filing because additional time is
required by us to complete our audit procedures and, as a result, have not yet
had sufficient time to complete the auditing procedures that we consider
necessary in the circumstances.
Very
truly yours,
/s/
Rothstein, Kass & Company, P.C.
Rothstein,
Kass & Company, P.C.