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

On October 11, 2024, Aerovate Therapeutics, Inc. (the "Company") notified the Nasdaq Global Market ("Nasdaq") that the Company was not currently in compliance with the audit committee composition requirement of Nasdaq Listing Rule 5605(c)(2), due to the Company only having two current members on its audit committee of its board of directors (the "Board") as a result of the resignation of Maha Katabi, Ph.D. on October 6, 2024, which resignation was previously reported. To resolve this noncompliance, on October 17, 2024, the Board approved the appointment of director Habib J. Dable as a member of the Board's audit committee, effective as of October 17, 2024. As a result of this appointment, the Company regained compliance with Nasdaq Listing Rule 5605(c)(2).