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UNITED STATES SECURITIES AND EXCHANGE COMMISSION WASHINGTON , D.C. 20549 FORM 10 - K ( Mark One ) 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 Commission File Number : 333-161943 Better Choice Company Inc. ( Exact name of registrant as specified in its charter ) Delaware ( State or other jurisdiction of incorporation or organization ) 12400 Race Track Road Tampa , Florida 33626 ( Address of Principal Executive Offices ) ( Zip Code ) Securities registered pursuant to Section 12 ( b ) of the Act : Title of Each Class N / A to Trading Symbol ( s ) ( Registrant's Telephone Number , Including Area Code ) ( 813 ) 659-5921 N / A 83-4284557 ( I.R.S. Employer Identification No. ) Name of Each Exchange on which Registered N / A 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 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 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 * ( As a voluntary filer , the registrant has not been subject to the filing requirements of Section 13 or 15 ( d ) of the Exchange Act for the past 90 days . The registrant has filed all reports required under Section 13 or 15 ( d ) of the Exchange Act during the preceding 12 months ) . 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 in Rule 12b - 2 of the Exchange Act . Large accelerated filer Accelerated filer Non - accelerated filer > Smaller reporting company Emerging growth company If an emerging growth company , indicate by a 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 a 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 , as of the last business day of the registrant's most recently completed second fiscal quarter , based on the closing sale price of $ 1.90 as reported on the OTCQB was : $ 64,769,594 . The number of shares outstanding of each of the registrant's classes of common stock as of the latest practicable date was : 65,907,126 shares of $ 0.001 par value common stock outstanding as of March 26 , 2021 .