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TransCode Therapeutics (RNAZ) removes 60-day notice on ownership cap

(Moderate)
(Neutral)
Form Type
8-K

Rhea-AI Filing Summary

TransCode Therapeutics, Inc. amended the terms of its Series A and Series B Non-Voting Convertible Preferred Stock by filing a Second Amended and Restated Certificate of Designation with the Delaware Secretary of State on August 3, 2026. The change was approved by a majority of preferred holders and the board.

The amendment removes the prior requirement that 60 days’ notice be given to change or waive the beneficial ownership limitation applicable to these preferred shares. No other terms of the preferred stock were changed, and no additional securities were issued or sold in connection with this action.

Positive

  • None.

Negative

  • None.
Item 3.03 Material Modification to Rights of Security Holders Securities
A change was made that materially affects the rights of existing shareholders (e.g., dividend rights, voting rights).
Item 5.03 Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year Governance
The company amended its charter documents, bylaws, or changed its fiscal year.
Item 9.01 Financial Statements and Exhibits Exhibits
Financial statements, pro forma financial information, and exhibit attachments filed with this report.
Par value of Common Stock $0.0001 per share Common Stock, par value $0.0001 per share listed on The Nasdaq Capital Market
Par value of Preferred Stock $0.0001 per share Series A and Series B Non-Voting Convertible Preferred Stock, par value $0.0001 per share
Prior notice period 60 days Requirement of 60 days’ notice to change or waive the beneficial ownership limitation was removed
Date of Second Amended Certificate August 3, 2026 Second Amended and Restated Certificate of Designation dated August 3, 2026
Second Amended and Restated Certificate of Designation regulatory
"filed a Second Amended and Restated Certificate of Designation of Preferences, Rights and Limitations"
beneficial ownership limitation regulatory
"to remove the requirement of 60 days’ notice to change and/or waive the beneficial ownership limitation"
A beneficial ownership limitation is a rule that caps the percentage of a company’s shares an investor can be treated as owning or controlling for voting, regulatory or tax purposes. It matters to investors because it can restrict how many shares a person or group can buy or vote, affect takeover chances, and influence share liquidity and value — like a speed limit that prevents any single driver from taking over the whole road.
Non-Voting Convertible Preferred Stock financial
"Series A Non-Voting Convertible Preferred Stock and Series B Non-Voting Convertible Preferred Stock"
A non-voting convertible preferred stock is a share that normally pays a fixed dividend and takes priority over common stock for payouts, but does not grant the holder the right to vote on corporate matters. It can be exchanged later for a set number of common shares, offering the potential to participate in price gains without immediate control—like holding a high-yield loan that can be turned into equity, which matters to investors weighing steady income, upside potential, and possible dilution of ownership.
Emerging growth company regulatory
"Emerging growth company x"
An emerging growth company is a recently public or smaller public firm that qualifies for temporary, lighter regulatory and disclosure rules to reduce the cost and effort of being public. For investors, it means the company may provide less historical financial detail and face fewer reporting requirements than larger firms, so it can grow more quickly but also carries higher uncertainty—like buying a promising early-stage product with fewer user reviews.

AI-generated analysis. How Rhea-AI works. Not financial advice.

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FAQ

What corporate action did TransCode Therapeutics (RNAZ) take on August 3, 2026?

TransCode Therapeutics filed a Second Amended and Restated Certificate of Designation for its Series A and Series B Non-Voting Convertible Preferred Stock with the Delaware Secretary of State, after receiving approval from a majority of preferred holders and the board of directors.

What specific change was made to TransCode Therapeutics (RNAZ) preferred stock terms?

The company removed the requirement for 60 days’ notice before changing or waiving the beneficial ownership limitation in Section 6.3.3 applicable to its Series A and Series B Non-Voting Convertible Preferred Stock, while leaving all other provisions in that certificate unchanged.

Did TransCode Therapeutics (RNAZ) issue any new securities in connection with this amendment?

No. The company states that the Second Amended and Restated Certificate of Designation effected no issuance or sale of additional securities. The amendment solely revised the notice requirement relating to the beneficial ownership limitation on the outstanding preferred stock series.

Which securities of TransCode Therapeutics (RNAZ) are affected by the August 3, 2026 amendment?

The change applies to Series A and Series B Non-Voting Convertible Preferred Stock, each with a par value of $0.0001 per share. The amendment concerns the beneficial ownership limitation provisions governing these preferred shares, not the company’s common stock.

Who approved the Second Amended and Restated Certificate of Designation at TransCode Therapeutics (RNAZ)?

Approval came from a majority of the holders of the Preferred Stock (Series A and B) and the company’s Board of Directors. Only after obtaining these approvals did TransCode file the Second Amended and Restated Certificate of Designation in Delaware.

How does the amendment affect the beneficial ownership limitation for TransCode Therapeutics (RNAZ) preferred stock?

The amendment eliminates the 60-day advance notice requirement that previously applied to any change or waiver of the beneficial ownership limitation. The underlying limitation remains referenced, but its modification no longer requires that specific notice period.
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UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

FORM 8-K

 

CURRENT REPORT

Pursuant to Section 13 or 15(d)

of the Securities Exchange Act of 1934

 

Date of Report (Date of earliest event reported): August 3, 2026

 

TRANSCODE THERAPEUTICS, INC.

(Exact name of registrant as specified in its charter)

 

Delaware   001-40363   81-1065054
(State or other jurisdiction
of incorporation)
  (Commission
File Number)
  (I.R.S. Employer
Identification No.)

 

TransCode Therapeutics, Inc.

6 Liberty Square, #2382
Boston, Massachusetts 02109

(Address of principal executive offices, including zip code)

 

(857) 837-3099

(Registrant’s telephone number, including area code)

 

Not Applicable

(Former Name or Former Address, if Changed Since Last Report)

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

 

¨ Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

 

¨ Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

 

¨ Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

 

¨ Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 

Securities registered pursuant to Section 12(b) of the Act.

 

Title of each class   Trading symbol(s)   Name of each exchange on which
registered
Common Stock, par value $0.0001 per share   RNAZ   The Nasdaq Capital Market

 

Indicate by check mark whether the registrant is an emerging growth company as defined in Rule 405 of the Securities Act of 1933 (§ 230.405 of this chapter) or Rule 12b-2 of the Securities Exchange Act of 1934 (§ 240.12b-2 of this chapter).

 

Emerging growth company  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.  ¨

 

 

 

 

 

 

Item 3.03 Material Modification to Rights of Securityholders.

 

To the extent required by Item 3.03 of Form 8-K, the information contained in Item 5.03 of this Current Report on Form 8-K is incorporated by reference into this Item 3.03.

 

Item 5.03Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year.

 

Amendment and Restatement of Certificate of Designation

 

As previously disclosed, on October 8, 2025, TransCode Therapeutics, Inc. (the “Company”) filed a Certificate of Designation of Preferences, Rights and Limitations of Series A Non-Voting Convertible Preferred Stock and Series B Non-Voting Convertible Preferred Stock with the Secretary of State of the State of Delaware in connection that certain Membership Interest Purchase Agreement dated as of October 8, 2025 (the “Purchase Agreement”), by and between the Company and DEFJ, LLC, a Delaware limited liability company (“DEFJ”), and that certain Investment Agreement dated as of October 8, 2025 (the “Investment Agreement”), by and between the Company and DEFJ. On October 27, 2025, the Company, upon obtaining the consent of a majority of the holders of the Company’s Series A Non-Voting Convertible Preferred Stock, par value $0.0001 per share (“Series A Preferred Stock”), and Series B Non-Voting Preferred Stock, par value $0.0001 per share (the “Series B Preferred Stock” and, together with the Series A Preferred Stock, the “Preferred Stock”), and the approval of the Company’s Board of Directors, filed an Amended and Restated Certificate of Designation of Preferences, Rights and Limitations of Series A Preferred Stock and Series B Preferred Stock (the “Amended and Restated Certificate of Designation”) with the Secretary of State of the State of Delaware..

 

On August 3, 2026, upon obtaining the consent of a majority of the holders of the Preferred Stock, and the approval of the Company’s Board of Directors, the Company filed a Second Amended and Restated Certificate of Designation of Preferences, Rights and Limitations of Series A Non-Voting Convertible Preferred Stock and Series B Non-Voting Convertible Preferred Stock (the “Second Amended and Restated Certificate of Designation”) with the Secretary of State of the State of Delaware.

 

The Second Amended and Restated Certificate of Designation amended Section 6.3.3 of the Amended and Restated Certificate of Designation to remove the requirement of 60 days’ notice to change and/or waive the beneficial ownership limitation set forth in the Amended and Restated Certificate of Designation. The Second Amended and Restated Certificate of Designation effected no other changes to the Amended and Restated Certificate of Designation other than the foregoing, and no additional securities were issued or sold in connection with the filing.

 

The foregoing description of the Second Amended and Restated Certificate of Designation does not purport to be complete and is qualified in its entirety by reference to the full text of the Second Amended and Restated Certificate of Designation, a copy of which is filed as Exhibit 3.1 to this Current Report on Form 8-K and is incorporated herein by reference.

 

Item 9.01Financial Statements and Exhibits.

 

(d)       Exhibits.

 

Exhibit Number   Description
3.1   Second Amended and Restated Certificate of Designation of Preferences, Rights and Limitations of Series A Non-Voting Convertible Preferred Stock and Series B Non-Voting Convertible Preferred Stock of TransCode Therapeutics, Inc., dated August 3, 2026.
     
104   Cover Page Interactive Data File - the cover page XBRL tags are embedded within the Inline XBRL document

 

2

 

 

 

SIGNATURES

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

  TRANSCODE THERAPEUTICS, INC.
     
  By: /s/ Thomas A. Fitzgerald
  Name: Thomas A. Fitzgerald
  Title: Chief Financial Officer and Secretary
August 3, 2026    

 

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Filing Exhibits & Attachments

4 documents