Silvergate Capital Corporation Receives Non-Compliance Notice from NYSE Regarding 10-K Filing
20 März 2023 - 9:30PM
Business Wire
Silvergate Capital Corporation (“Silvergate” or “Company”)
(NYSE:SI), the holding company for Silvergate Bank (“Bank”), today
announced that on March 17, 2023 it received a letter from the New
York Stock Exchange (the "NYSE") notifying the Company that it is
not in compliance with the NYSE's continued listing standards given
the Company failed to timely file its Annual Report on Form 10-K
for the year ended December 31, 2022. Although Company management
has been working diligently to complete required information for
the Form 10-K, and a substantial part of such information has been
completed, the Company needs additional time to complete tasks
related to its Form 10-K and its independent registered public
accounting firm requires more time to obtain further information
from the Company and complete certain audit procedures.
The NYSE will monitor the status of the Company’s late filing
and related public disclosures for up to a six-month period from
its due date. If the Company fails to file its delayed filing and
has any subsequent delayed filings within six months from the
filing due date, the NYSE may, in its sole discretion, allow the
Company’s securities to trade for up to an additional six months
depending on specific circumstances, as outlined in Section 802.01E
of the Listed Company Manual. If the NYSE determines that an
additional six-month trading period is not appropriate, suspension
and delisting procedures will commence.
Receipt of the NYSE’s letter does not have any immediate effect
on the listing of the Company's securities on the NYSE, except that
until the Company regains compliance with the NYSE's listing
standards, an "LF" indicator will be affixed to the Company's
trading symbols.
Forward Looking Statements
This press release contains forward-looking statements within
the meaning of the Securities Exchange Act of 1934, as amended.
These forward-looking statements reflect our current views with
respect to, among other things, future events and our financial
performance. Although we believe that the expectations reflected in
these forward-looking statements are reasonable as of the date
made, such forward-looking statements are not guarantees of future
performance and are subject to risks, assumptions and uncertainties
that are difficult to predict. There are or will be important
factors that could cause the Company’s actual results to differ
materially from those indicated in these forward-looking
statements, including, but not limited to, the following: the
ability of the Company to wind down the Bank’s operations and
liquidate the Bank in an orderly and timely manner and to fully
repay customers with deposits; the Company’s ability to
successfully resolve claims and preserve any residual value of its
assets; the Company’s or the Bank’s ability to obtain applicable
regulatory or governmental approvals relating to the wind down and
liquidation process; the Company’s ability to comply with the
heightened regulatory scrutiny of banking institutions that provide
products and services to the digital asset industry; risks and
uncertainties, including potential liability and restrictions on
the Company’s historical business, resulting from various
litigation (including private litigation) and regulatory and other
inquiries and investigations against or with respect to the
Company, investigations from our banking regulators, congressional
inquiries and investigations from the U.S. Department of Justice;
the timing and results of our additional procedures and
documentation and the completion of audit procedures by our
independent registered public accounting firm; the Company’s
ability to file its Form 10-K and future SEC reports on a timely
basis; the Company’s assessment in accordance with applicable
accounting rules regarding the Company’s ability to continue as a
going concern for the twelve months following the issuance of its
financial statements; the possibility that the Company and the
ongoing review by the Company’s independent registered public
accounting firm may identify errors or control deficiencies with
respect to the Company’s internal controls over financial
reporting; the Company's ability to remediate any possible material
weaknesses; and other risk factors set forth in the Company’s SEC
filings. The inclusion of these forward-looking statements should
not be regarded as a representation by us or any other person that
such expectations, estimates and projections will be achieved.
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version on businesswire.com: https://www.businesswire.com/news/home/20230320005501/en/
Investor Relations: Edelman Smithfield for Silvergate
(858) 200-3782 investors@silvergate.com Media: Edelman
Smithfield for Silvergate press@silvergate.com
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