Annual report
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0 ANNUAL REPORT PURSUANT TO SECTION 13 OR 15 ( d ) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended December 31 , 2020 OR TRANSITION REPORT PURSUANT TO SECTION 13 OR 15 ( d ) OF THE SECURITIES EXCHANGE ACT OF 1934 FOR THE TRANSITION PERIOD FROM Securities registered under Section 12 ( b ) of the Act : Title of each class Common Stock , Par Value $ 0.0001 Per Share UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington , D.C. 20549 Delaware ( State or other jurisdiction of incorporation ) 3655 Nobel Drive , Suite 260 San Diego , CA ( Address of Principal Executive Offices ) Large Accelerated Filer Non - accelerated filer FORM 10 - K 0 X Commission File No. 001-36395 $ DARÉ BIOSCIENCE , INC . ( Exact Name of Registrant as Specified in its Charter ) None . darébio Registrant's telephone number , including area code : ( 858 ) 926-7655 Trading Symbol ( s ) DARE Securities registered under Section 12 ( g ) of the Act : None Indicate by check mark if the registrant is a well - known seasoned issuer , as defined in Rule 405 of the Securities Act . Yes o No x Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or Section 15 ( d ) of the Exchange Act . Yes o No x Indicate by check mark whether the registrant ( 1 ) has filed all reports required to be filed by Section 13 or 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 x No o Indicate by check mark whether the registrant has submitted electronically every Interactive Data File required to be submitted 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 such files ) . Yes x No o 20-4139823 ( IRS Employer Identification No. ) ( Zip Code ) 92122 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 . Accelerated filer Smaller reporting company Emerging growth company Name of each exchange on which registered Nasdaq Capital Market TO X If an emerging growth company , indicate by check mark if the registrant has elected not to use the extended transition period for complying with any new or revised financial accounting standards provided pursuant to Section 13 ( a ) of the Exchange Act As of March 29 , 2021 , there were 47,312,822 shares of the registrant's common stock , par value $ 0.0001 per share , outstanding . DOCUMENTS INCORPORATED BY REFERENCE Indicate by check mark whether the registrant has filed a report on and attestation to its management's assessment of the effectiveness of its internal control over financial reporting under Section 404 ( b ) of the Sarbanes - Oxley Act ( 15 U.S.C. 7262 ( b ) ) by the registered public accounting firm that prepared or issued its audit report . Indicate by check mark whether the registrant is a shell company ( as defined in Rule 12b - 2 of the Act ) . Yes No x The aggregate market value of the registrant's common stock held by non - affiliates of the registrant on the last business day of the registrant's most recently completed second fiscal quarter ( June 30 , 2020 ) , was approximately $ 22,800,000 based on the closing price of the registrant's common stock as reported on the Nasdaq Capital Market on such date . This excludes shares of common stock held by affiliates on such date . Exclusion of shares held by any person should not be construed to indicate that such person possesses the power directly , or indirectly , to direct or cause the direction of the management or policies of the registrant , or that such person is controlled by or under common control with the registrant . The determination of affiliate status for this purpose may not be conclusive for other purposes .