---
schema_version: "secwatch.filing_event.v1"
accession: "0001683168-24-000102"
form_type: "8-K"
ticker: "EMPD"
cik: "0001829794"
company_name: "Empery Digital Inc."
filed_at: "2024-01-05T23:59:59+00:00"
generated_at: "2026-06-07T03:21:38.646640+00:00"
event_type: "other_material"
sentiment: "negative"
materiality_score: 0.8
calibrated_materiality_score: 0.8
confidence: "high"
source: SEC EDGAR
---

# Volcon receives Nasdaq delisting notice for failure to meet $35M market value rule

## Summary
- On Jan 4, 2024, Nasdaq notified Volcon that it failed to maintain minimum $35M market value of listed securities (Rule 5550(b)(2)).
- Company had 180-day compliance period ending Jan 2, 2024, but did not regain compliance.
- Delisting notice also cites previously disclosed share price deficiencies.
- Listing remains on Nasdaq Capital Market pending a hearing before the Nasdaq Hearings Panel on March 26, 2024.

## SEC filing metadata
- accession: 0001683168-24-000102
- form_type: 8-K
- ticker: EMPD
- cik: 0001829794
- company_name: Empery Digital Inc.
- filed_at: 2024-01-05T23:59:59+00:00
- event_type: other_material
- sentiment: negative
- materiality_score: 0.8
- calibrated_materiality_score: 0.8
- confidence: high
- sec_items: 3.01
- EDGAR index: https://www.sec.gov/Archives/edgar/data/1829794/000168316824000102/0001683168-24-000102-index.htm
- EDGAR primary document: https://www.sec.gov/Archives/edgar/data/1829794/000168316824000102/volcon_8k.htm

## Machine-readable alternates
- HTML: https://secwatch.observer/filing/0001683168-24-000102
- JSON: https://secwatch.observer/filing/0001683168-24-000102.json
- Plain text: https://secwatch.observer/filing/0001683168-24-000102.txt

## Key facts
- Listing & Compliance Notices
  Empery Digital Inc. received a nasdaq delisting notice notice regarding market value (rules 5550(b)(2), 5810(c)(3)(C)).
  - Exchange: nasdaq
  - Notice: delisting notice
  - Deficiency: market value
  - Rules: 5550(b)(2), 5810(c)(3)(C)
  source text: . On July 5, 2023, Volcon, Inc. (the “Company”) was notified by the Listing Qualifications Department (the “Staff”) of the Nasdaq Stock Market (“Nasdaq”) that the market value of its listed securities had been below the minimum $35,000,000 required for continued listing as set forth in Listing Rule 5550(b)(2) (the “Rule”) for the previous 30 consecutive trading days. In accordance with Listing Rule 5810(c)(3)(C), the Company was provided 180 calendar days, or until January 2, 2024, to regain compliance with the Rule. As the Company has not regained compliance with the Rule, on January 4, 2024
  evidence_url: https://www.sec.gov/Archives/edgar/data/1829794/000168316824000102/0001683168-24-000102-index.htm

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