Failure to Satisfy Listing Rule Form 8 K

Item 3.01 Notice of Delisting or Failure to Satisfy a Continued Listing Rule or Standard; Transfer of Listing

On September 4, 2024, Aqua Metals, Inc. (the "Company") received a letter (the "Letter") from the Nasdaq Stock Market, LLC. The Letter notified the Company that it had fallen out of compliance with respect to the continued listing standard set forth in Rule 5605(c)(2) of the Nasdaq Listing Rules, which requires an audit committee of at last three independent directors meeting the requirements of Nasdaq Rule 5605. On August 21, 2024, Edward Smith resigned from the board of directors ("Board") of Aqua Metals, Inc. ("Company"). Mr. Smith was one of three members of the audit committee of the Company's Board and also one of three members of the Board eligible to serve on the audit committee. As a consequence of Mr. Smith's resignation, the Company became out of compliance with Nasdaq Listing Rule 5605(c)(2).

In accordance with NASDAQ Listing Rule 5605(c)(4), the Company has an automatic cure period in order to regain compliance with NASDAQ Listing Rule 5605(c)(2) as follows:

• until the earlier of the Company's next annual stockholders' meeting or August 21, 2025; or

• if the next annual stockholders' meeting is held before February 17, 2025, then the Company must evidence compliance no later than February 17, 2025.

The Company intends to appoint a third independent director to its Board and audit committee, and thereby regain compliance Nasdaq Listing Rule 5605(c)(2) in a timely manner.