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SKYX Platforms Corp. told Nasdaq on September 28, 2026, that the death of independent director Efrat L. Greenstein Brayer left the company short of two board-composition requirements. Nasdaq sent a cure-period letter on September 30. SKYX’s October 1 Form 8-K says the notice has no immediate effect on its listing, subject to compliance with Nasdaq’s rules, and sets out conditional deadlines for restoring compliance.
Why did SKYX lose compliance with Nasdaq’s governance rules?
Greenstein Brayer died on September 26, 2026. SKYX said she was an independent director, served on its audit and compensation committees, and chaired its nominating and corporate governance committee. She was among the seven directors elected at the company’s July 8, 2026, annual meeting.
After her death, SKYX notified Nasdaq on September 28 that it no longer met two composition requirements: the majority-independent-board requirement in Rule 5605(b)(1) and the audit-committee size requirement in Rule 5605(c)(2)(A). The company’s filing identifies those composition issues; it does not say Nasdaq found a problem with other director or committee eligibility requirements.
What do the two Nasdaq rules require?
- Board independence: Rule 5605(b)(1) requires a majority of a listed company’s board to be independent directors.
- Audit committee size: Rule 5605(c)(2)(A) requires an audit committee with at least three members. The rule also contains independence, financial-statement literacy, and other eligibility requirements.
These are separate thresholds. A vacancy can affect the board’s independent-director majority and leave the audit committee below its required minimum at the same time. Nasdaq’s published Rule 5605 sets out the requirements.
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What is SKYX’s deadline to regain compliance?
Nasdaq’s September 30 letter described a cure period that ends at the earlier of the company’s next annual stockholders’ meeting or September 26, 2027. There is also a special evidence deadline if the next annual meeting takes place early:
- If the next annual meeting is before March 25, 2027, SKYX must evidence compliance no later than March 25, 2027.
- Otherwise, the cure period expires at the earlier of the next annual meeting or September 26, 2027.
Accordingly, September 26, 2027, is not necessarily the operative deadline; an earlier annual meeting can bring the cure period to an end sooner. The March 25 date applies specifically when the next meeting occurs before then.
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Does the notice immediately affect SKYX’s Nasdaq listing?
No immediate listing change is reported. SKYX’s Form 8-K states: “The foregoing has no immediate effect on the Company’s Nasdaq listing, subject to compliance with the listing rules.” This is the company’s description in its SEC filing, not a separate assurance from Nasdaq. SKYX said it intends to take steps to regain compliance, while cautioning that it cannot assure it will do so within the cure period.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What has happened, and what is not yet established?
| Date | Event |
|---|---|
| July 8, 2026 | SKYX held its annual stockholders’ meeting and elected seven directors, including Greenstein Brayer. |
| September 26, 2026 | Greenstein Brayer died. |
| September 28, 2026 | SKYX notified Nasdaq that it no longer met the cited board and audit committee composition requirements. |
| September 30, 2026 | SKYX received Nasdaq’s letter describing the cure period. |
| October 1, 2026 | CEO Leonard J. Sokolow signed the company’s Form 8-K. |
The October 1 filing does not establish that SKYX had appointed replacement directors or that Nasdaq had confirmed restored compliance. It reports the notice, the cure period, and the company’s stated intention to address the shortfall.
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Sources
- SKYX Platforms Corp. Form 8-K, filed October 1, 2026.
- Nasdaq Listing Rule 5605.
- SKYX Platforms Corp. Form 8-K on the 2026 annual meeting, filed July 10, 2026.
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