VIA optronics AG Announces Notice of Failure to Satisfy a Continued Listing Rule or Standard of the New York Stock Exchange

On May 17, 2023, VIA optronics AG (the “Company”) received an expected notice from the New York Stock Exchange (the “NYSE”) stating that the Company is not in compliance with the NYSE’s continued listing requirements under the timely filing criteria outlined in Section 802.01E of the NYSE Listed Company Manual due to the delay in filing the Company’s Annual Report on Form 20-F for the fiscal year ended December 31, 2022 (the “2022 Form 20-F”).

The Company reported in a Form 12b-25 filed with the Securities and Exchange Commission (“SEC”) on May 2, 2023, that it was unable to file its 2022 Form 20-F within the prescribed time period without unreasonable effort or expense and needed to extend the filing deadline for its 2022 Form 20-F by the 15 calendar days allotted under Rule 12b-25.

As of May 16, 2023 (the “Extended Filing Deadline”), the Company required additional time to complete year end procedures and disclosures; therefore, the Company was unable to file its 2022 Form 20-F by the Extended Filing Deadline.

Since the filing under Rule 12(b)-25, the Company identified matters that impact both previously reported 2022 results and amounts reported in prior periods. The Company is currently working with its auditors through the correction of the figures and disclosures resulting from these matters. The Company is still evaluating; however, it is expected that these errors will not materially impact the net (loss)/profit and cash flow reported in the Company’s preliminary unaudited fourth quarter and full year 2022 financials as previously reported on Form 6-K as furnished to the SEC on March 28, 2023. The Company intends to file its 2022 Form 20-F as promptly as possible.

In accordance with the NYSE rules, the Company has contacted the NYSE to discuss the status of the 2022 Form 20-F and issued a press release, which has been included as Exhibit 99.1 to the Form 6-K filed on May 23, 2023. The NYSE informed the Company that under NYSE rules, the Company has six months from the original due date to file its 2022 Form 20-F with the SEC. If the Company fails to file the late report and all other periodic reports with subsequent due dates within six months of the filing due date of the late report, the NYSE may, in its sole discretion, allow the Company’s securities to remain listed for up to an additional six months depending on certain circumstances.