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UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington , D.C. 20549 ANNUAL REPORT PURSUANT TO SECTION 13 OR 15 ( d ) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31 , 2020 Commission file number : 000-51354 Nevada ( State or other jurisdiction of incorporation or organization ) FORM 10 - K AEMETIS , INC . ( Exact name of registrant as specified in its charter ) Large accelerated filer Non - accelerated filer Emerging growth company 20400 Stevens Creek Blvd. , Suite 700 Cupertino , CA 95014 ( Address of principal executive offices ) Registrant's telephone number ( including area code ) : ( 408 ) 213-0940 Securities registered under Section 12 ( g ) of the Exchange Act : Common Stock , Par Value $ 0.001 ( Title of class ) Indicate by check mark if the registrant is a well - known seasoned issuer , as defined in Rule 405 of the Securities Act . Yes No Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or Section 15 ( d ) of the Act . Yes No Indicate by check mark whether the registrant ( 1 ) has filed all reports required to be filed by Section 13 or Section 15 ( d ) of the Securities Exchange Act of 1934 during the preceding 12 months ( or for such shorter period that the registrant was required to file such reports ) , and ( 2 ) has been subject to such filing requirements for the past 90 days . Yes No 26-1407544 ( I.R.S. Employer Identification Number ) Indicate by check mark whether the registrant has submitted electronically and posted on its corporate Web site , if any , every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S - T ( § 232.405 of this chapter ) during the preceding 12 months ( or for such shorter period that the registrant was required to submit and post such files ) . Yes No ☐ Indicate by check mark if disclosure of delinquent filers pursuant to Item 405 of Regulation S - K ( §229.405 of this chapter ) is not contained herein , and will not be contained , to the best of registrant's knowledge , in definitive proxy or information statements incorporated by reference in Part III of this Form 10 - K or any amendment to this Form 10 - K . □ Indicate by check mark whether the registrant is a large accelerated filer , an accelerated filer , a non - accelerated filer , a smaller reporting company or an emerging growth company . See the definitions of " large accelerated filer , " " accelerated filer , " " smaller reporting company , " and “ emerging growth company ” in Rule 12b - 2 of the Exchange Act . ( Check one ) : ( Do not check if a smaller reporting company ) Accelerated filer Smaller reporting company Indicate by check mark whether the registrant is a shell company ( as defined in Rule 12b - 2 of the Exchange Act ) . Yes No The aggregate market value of the voting and non - voting common equity held by non - affiliates of the registrant was approximately $ 15,083,507 as of June 30 , 2020 based on the average bid and asked price on the NASDAQ Global Market reported for such date . This calculation does not reflect a determination that certain persons are affiliates of the registrant for any other purpose . The number of shares outstanding of the registrant's Common Stock on February 28 , 2021 was 27,099,232 shares . DOCUMENTS INCORPORATED BY REFERENCE Portions of the Proxy Statement for the Registrant's 2020 Annual Meeting of Stockholders are incorporated by reference in Part III of this Form 10 - K .