Page 1

X FORM 10 - K ANNUAL REPORT PURSUANT TO SECTION 13 OR 15 ( d ) OF THE SECURITIES EXCHANGE ACT OF 1934 FOR THE FISCAL YEAR ENDED January 3 , 2021 UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington , D.C. 20549 0 TRANSITION REPORT PURSUANT TO SECTION 13 OR 15 ( d ) OF THE SECURITIES EXCHANGE ACT OF 1934 FOR THE TRANSITION PERIOD FROM Delaware ( State or other jurisdiction of incorporation or organization ) One Dave Thomas Blvd. Dublin , Ohio ( Address of principal executive offices ) Title of each class Common Stock , $ .10 par value or Large accelerated filer Non - accelerated filer Commission file number : 1-2207 THE WENDY'S COMPANY ( Exact name of registrant as specified in its charter ) ■ TO Registrant's telephone number , including area code : ( 614 ) 764-3100 Securities registered pursuant to Section 12 ( b ) of the Act : Trading Symbol ( s ) WEN 38-0471180 ( I.R.S. Employer Identification No. ) 43017 ( Zip Code ) 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 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 Name of each exchange on which registered The Nasdaq Stock Market LLC 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 . Accelerated filer Smaller reporting company Emerging growth company 000