---
schema_version: "secwatch.filing_event.v1"
accession: "0001683168-23-009087"
form_type: "8-K"
ticker: "EMPD"
cik: "0001829794"
company_name: "Empery Digital Inc."
filed_at: "2023-12-26T23:59:59+00:00"
generated_at: "2026-06-07T07:31:45.062240+00:00"
event_type: "regulatory"
sentiment: "negative"
materiality_score: 0.7
calibrated_materiality_score: 0.7
confidence: "high"
source: SEC EDGAR
---

# Volcon receives Nasdaq deficiency notice for bid price below $1.00

## Summary
- Nasdaq notified Volcon on Dec 19, 2023 that bid price closed below $1.00 for 30 consecutive business days.
- Company has 180 calendar days, until June 17, 2024, to regain compliance by closing at $1.00 for 10 consecutive days.
- If not compliant by June 17, 2024, Volcon may be eligible for an additional 180-day period with conditions including a possible reverse stock split.
- Failure to regain compliance could result in delisting from Nasdaq Capital Market; company may appeal.
- Volcon intends to monitor bid price and consider reverse stock split to regain compliance.

## SEC filing metadata
- accession: 0001683168-23-009087
- form_type: 8-K
- ticker: EMPD
- cik: 0001829794
- company_name: Empery Digital Inc.
- filed_at: 2023-12-26T23:59:59+00:00
- event_type: regulatory
- sentiment: negative
- materiality_score: 0.7
- calibrated_materiality_score: 0.7
- confidence: high
- sec_items: 3.01
- EDGAR index: https://www.sec.gov/Archives/edgar/data/1829794/000168316823009087/0001683168-23-009087-index.htm
- EDGAR primary document: https://www.sec.gov/Archives/edgar/data/1829794/000168316823009087/volcon_8k-without.htm

## Machine-readable alternates
- HTML: https://secwatch.observer/filing/0001683168-23-009087
- JSON: https://secwatch.observer/filing/0001683168-23-009087.json
- Plain text: https://secwatch.observer/filing/0001683168-23-009087.txt

## Key facts
- Listing & Compliance Notices
  Empery Digital Inc. received a nasdaq deficiency notice notice regarding minimum bid price (rules 5550(a)(2), 5810(c)(3)(A)).
  - Exchange: nasdaq
  - Notice: deficiency notice
  - Deficiency: minimum bid price
  - Rules: 5550(a)(2), 5810(c)(3)(A)
  source text: December 19, 2023, the Company received a deficiency letter from the Listing Qualifications Department (the “Staff”) of the Nasdaq Stock Market (“Nasdaq”) notifying the Company that the minimum closing bid price per share for its common stock was below $1.00 for a period of 30 consecutive business days and that the Company did not meet the minimum bid price requirement set forth in Nasdaq Listing Rule 5550(a)(2) (the “Bid Price Rule”). The letter does not have any immediate effect on the listing of the Company’s common stock on the Nasdaq Capital Market. Pursuant to Nasdaq Listing Rule 5810(c)
  evidence_url: https://www.sec.gov/Archives/edgar/data/1829794/000168316823009087/0001683168-23-009087-index.htm

This AI-assisted summary is a reading aid. Review the linked SEC EDGAR filing before relying on any specific claim.