UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): September 16, 2005 NEWGEN TECHNOLOGIES, INC. (Exact name of registrant as specified in its charter) Nevada 000-23365 33-0840184 (State or Other Jurisdiction (Commission File (I.R.S. Employer of Incorporation) Number) Identification Number) 6000 Fairview Road, 12th Floor, Charlotte, North Carolina 28210 (Address of principal executive offices) (zip code) (704) 552-3590 (Registrant's telephone number, including area code) Copies to: Thomas A. Rose, Esq. Yoel Goldfeder, Esq. Sichenzia Ross Friedman Ference LLP 1065 Avenue of the Americas New York, New York 10018 Phone: (212) 930-9700 Fax: (212) 930-9725 Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below): |_| Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) |_| Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) |_| Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) |_| Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) ITEM 1.01 ENTRY INTO A MATERIAL DEFINITIVE AGREEMENT. On September 16, 2005, Refuel America, Inc., a wholly owned subsidiary of the Registrant, entered into a Limited Liability Company Agreement (the "Agreement") with Advanced Biotechnology, Inc., and Advanced Biotechnologies, LLC, pursuant to which Refuel America and Advanced Biotechnology jointly formed Advanced Biotechnologies, LLC for the purpose of blending, processing, storing, distributing and selling Biodiesel, Biodiesel Mixtures and Biodiesel Byproducts. Pursuant to the Agreement, Refuel America and Advanced Biotechnology each hold equal voting rights in Advanced Biotechnologies, LLC and equal rights to distributions of funds from Advanced Biotechnologies, LLC. Item 9.01 Financial Statements and Exhibits. (a) Financial statements of business acquired. Not applicable. (b) Pro forma financial information. Not applicable. (c) Exhibits. Exhibit Number Description - -------------------------------------------------------------------------------- 10.1 Limited Liability Company Agreement of Advanced Biotechnology, LLC 99.1 Press Release - NewGen Technologies Announces Biodiesel Manufacturing Joint Venture with Advanced Biotechnology, Inc. 1 SIGNATURES Pursuant to the requirements of the Securities and Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. NEWGEN TECHNOLOGIES, INC. Dated: September 22, 2005 By: /s/ Bruce Wunner ------------------------------------ Name: Bruce Wunner Title: Chief Executive Officer 2