- Empery Digital said that its board of directors carefully reviewed the notices and unanimously determined that the submissions failed to meet the requirements set forth in Empery Digital’s bylaws.
- The company has delivered letters to ATG Capital and Brown that detail the extensive deficiencies in their nomination notices, it said.
- Empery Digital said it will announce the date of the 2026 annual meeting and file its proxy materials with the U.S. Securities and Exchange Commission in due course.
Shares of Empery Digital (EMPD) closed 5% lower on Friday after it announced that its board determined that the nomination notices submitted by ATG Capital and Tice P. Brown in connection with the company’s 2026 annual meeting of stockholders are invalid and misleading.
The company said that each of ATG Capital and Brown’s nominees are not eligible to stand for election at the 2026 annual meeting.
The company has delivered letters to ATG Capital and Brown that detail the extensive deficiencies in their nomination notices, it said.
EMPD’s Bylaws
Empery Digital said that its board carefully reviewed the notices with the assistance of legal counsel and unanimously determined that the submissions failed to meet the requirements set forth in Empery Digital’s bylaws. Specifically, the board determined that each of the submissions fails to comply with Section 2.5 of the bylaws.
In addition, by waiting until the very end of the nomination window to deliver their nomination notices, ATG Capital and Brown gave the board insufficient time to review the notices and provide the shareholders with opportunities to cure the numerous defects in their notices, the company said.
“Therefore, neither ATG Capital nor Brown is entitled to nominate any candidates for election to the Board at the 2026 Annual Meeting and the Company will disregard the purported nominations,” it added.
Empery Digital said it will announce the date of the 2026 annual meeting and file its proxy materials with the U.S. Securities and Exchange Commission in due course.
Empery is a Bitcoin treasury company that acts as a digital asset aggregator, focusing on building long-term wealth through Bitcoin (BTC) accumulation.
Retail Reaction
Retail sentiment around EMPD stock trended in ‘neutral’ territory amid ‘normal’ message volume.
Shares in the company have fallen 4% so far in 2026.
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