Page 1

☐ UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON , D.C. 20549 FORM 10 - K Annual report pursuant to Section 13 or 15 ( d ) of the Securities Exchange Act of 1934 for the fiscal year ended December 31 , 2020 Transition report pursuant to Section 13 or 15 ( d ) of the Securities Exchange Act of 1934 for the transition period from Commission file number : 001-16133 Delaware ( State or other jurisdiction of incorporation or organization ) 1633 Broadway , Suite 22C New York , NY ( Address of principal executive offices ) to DELCATH SYSTEMS , INC . Title of each class Common stock , $ 0.01 par value per share 06-1245881 ( I.R.S. Employer Identification No. ) 10019 ( Zip Code ) 212-489-2100 ( Registrant's telephone number , including area code ) Securities registered pursuant to Section 12 ( b ) of the Act : Trading Symbol ( s ) DCTH Yes No X Yes No > Securities registered pursuant to Section 12 ( g ) of the Act : None . Indicate by check mark if the registrant is a well - known seasoned issuer , as defined Rule 405 of the Securities Act . Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or 15 ( d ) of the Act . 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 . Name of each exchange on which registered The NASDAQ Capital Market Yes No 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 > No 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 . Large accelerated filer □ Non - accelerated filer Accelerated filer Smaller reporting company Emerging growth company 0 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 . □ 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 > The aggregate market value of the common stock held by non - affiliates of the registrant , based on the closing sale price on the Nasdaq Capital Market of $ 10.25 per share , as of June 30 , 2020 , the last business day of the registrant's most recently completed second fiscal quarter was $ 33,970,837 . At March 31 , 2021 , the registrant had outstanding 6,251,257 shares of common stock , par value $ 0.01 per share . DOCUMENTS INCORPORATED BY REFERENCE Portions of the registrant's Proxy Statement for the 2021 Annual Meeting of Stockholders are incorporated by reference in Part III of this Annual Report on Form 10 - K to the extent stated herein . Such proxy statement will be filed with the Securities and Exchange Commission within 120 days of the registrant's fiscal year ended December 31 , 2020 .