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OR ( Mark One ) ANNUAL REPORT PURSUANT TO SECTION 13 OR 15 ( d ) OF THE SECURITIES EXCHANGE ACT OF 1934 0 UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington , D.C. 20549 FORM 10 - K For the fiscal year ended December 30 , 2020 TRANSITION REPORT PURSUANT TO SECTION 13 OR 15 ( d ) OF THE SECURITIES EXCHANGE ACT OF 1934 Delaware ( State or other jurisdiction of incorporation or organization ) For the transition period from Title of each class Class A Common Stock , par value $ 0.001 Large accelerated filer Non - accelerated filer to р O Commission file number : 001-36823 SHAKE SHACKⓇ SHAKE SHACK INC . ( Exact name of registrant as specified in its charter ) 225 Varick Street , Suite 301 , New York , New York 10014 ( Address of principal executive offices and Zip Code ) ( 646 ) 747-7200 ( Registrant's telephone number , including area code ) Securities registered pursuant to Section 12 ( b ) of the Act : Trading symbol ( s ) 47-1941186 SHAK Securities registered pursuant to Section 12 ( g ) of the Act : None ( I.R.S. Employer Identification No. ) Name of exchange on which registered New York Stock Exchange Indicate by check mark if the registrant is a well - known seasoned issuer , as defined in Rule 405 of the Securities Act . þ Yes o 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 . o Yes þ No 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 . þ Yes o 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 ) . p Yes o 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 . Accelerated filer Smaller reporting company Emerging growth company O 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 standard províded pursuant to Section 13 ( a ) of the Exchange Act . o 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 þ No The aggregate market value of the voting and non - voting stock held by non - affiliates of the Registrant , as of June 24 , 2020 , the last business day of the Registrant's most recently completed second fiscal quarter , was approximately $ 1,845,175,639 , computed using the closing price on that day of $ 52.07 . Solely for purposes of this disclosure , shares of common stock held by members part of the Voting Group pursuant to the Stockholders Agreement , as amended , of the Registrant as of such date have been excluded because such persons may be deemed to be affiliates . This determination of affiliates is not necessarily a conclusive determination for any other purposes . As of February 17 , 2021 , there were 39,022,298 shares of Class A common stock outstanding and 2,948,788 shares of Class B common stock outstanding . DOCUMENTS INCORPORATED BY REFERENCE Portions of the registrant's definitive Proxy Statement for its 2021 Annual Meeting of Shareholders are incorporated by reference into Part III of this Form 10 K.