---
schema_version: "secwatch.filing_event.v1"
accession: "0001683168-23-009109"
form_type: "8-K"
ticker: "EMPD"
cik: "0001829794"
company_name: "Empery Digital Inc."
filed_at: "2023-12-27T23:59:59+00:00"
generated_at: "2026-06-07T07:01:40.188884+00:00"
event_type: "regulatory"
sentiment: "negative"
materiality_score: 0.9
calibrated_materiality_score: 0.9
confidence: "high"
source: SEC EDGAR
---

# Volcon receives Nasdaq delisting determination after stock closed at or below $0.10 for 10 days; plans appeal

## Summary
- On Dec 19, Nasdaq notified Volcon of non-compliance with minimum bid price ($1.00) over 30 consecutive business days.
- On Dec 26, Nasdaq determined to delist Volcon's common stock as closing bid price was $0.10 or less for 10 consecutive trades.
- Trading suspension scheduled for Jan 4, 2024 unless an appeal is filed; Volcon plans to request a hearing to stay delisting.
- Previous compliance period granted through June 17, 2024 is superseded by the $0.10 threshold trigger.

## SEC filing metadata
- accession: 0001683168-23-009109
- form_type: 8-K
- ticker: EMPD
- cik: 0001829794
- company_name: Empery Digital Inc.
- filed_at: 2023-12-27T23:59:59+00:00
- event_type: regulatory
- sentiment: negative
- materiality_score: 0.9
- calibrated_materiality_score: 0.9
- confidence: high
- sec_items: 3.01
- EDGAR index: https://www.sec.gov/Archives/edgar/data/1829794/000168316823009109/0001683168-23-009109-index.htm
- EDGAR primary document: https://www.sec.gov/Archives/edgar/data/1829794/000168316823009109/volcon_8k.htm

## Machine-readable alternates
- HTML: https://secwatch.observer/filing/0001683168-23-009109
- JSON: https://secwatch.observer/filing/0001683168-23-009109.json
- Plain text: https://secwatch.observer/filing/0001683168-23-009109.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), 5810(c)(3)(A)(iii)).
  - Exchange: nasdaq
  - Notice: deficiency notice
  - Deficiency: minimum bid price
  - Rules: 5550(a)(2), 5810(c)(3)(A), 5810(c)(3)(A)(iii)
  source text: December 26, 2023, the Company was notified by the Staff that it had determined that the Company’s common stock had a closing bid price of $0.10 or less for ten consecutive trading days from December 11, 2023 through December 22, 2023. Pursuant to Listing Rule 5810(c)(3)(A)(iii), if during the Bid Price Compliance Period, a listed security has a closing bid price of $0.10 or less for ten consecutive trading days, the Staff shall proceed with a Staff delisting determination. Pursuant to the new deficiency letter, the Staff notified that the Company that it had determined to delist the Company’s
  evidence_url: https://www.sec.gov/Archives/edgar/data/1829794/000168316823009109/0001683168-23-009109-index.htm

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