BTCS Inc. 10-Q

ITEM 5 Other Information Effective November 1, 2023, Upstream, in response to the current regulatory landscape in the U.S., announced its decision to suspend the ability for U.S. individuals to engage in securities trading activities including buying, selling, or depositing securities on Upstream. As a result, U.S. holders of Series V are now unable to transfer their shares of Series V to Upstream. Any U.S. holders who previously transferred their Series V shares onto Upstream have had their shares returned to our Transfer Agent (Equity Stock Transfer). We are in discussions with Upstream regarding potential options. ITEM 6 Exhibits The exhibits listed in the accompanying “Exhibit Index” are filed or incorporated by reference as part of this Form 10-Q. 29 SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized. BTCS Inc. November 9, 2023 By: /s/ Charles Allen Charles W. Allen Chief Executive Officer (Principal Executive Officer) 30 EXHIBIT INDEX Incorporated by Reference Filed or Furnished Exhibit # Exhibit Description Form Date Number Herewith 2.1 Articles of Merger 8-K/A 7/31/15 3.1 2.2 Agreement and Plan of Merger 8-K/A 7/31/15 3.2 3.1 Amended and Restated Articles of Incorporation, as of May 2010 10-K 3/31/11 3.1 3.1(a) Certificate of Amendment to Articles of Incorporation - Increase Authorized Capital 8-K 3/25/13 3.1 3.1(b) Certificate of Amendment to Articles of Incorporation - Increase Authorized Capital 8-K 2/5/14 3.1 3.1(c) Certificate of Amendment to Articles of Incorporation - Reverse Stock Split 8-K 2/16/17 3.1 3.1(d) Certificate of Amendment to Articles of Incorporation - Reverse Stock Split 8-K 4/9/19 3.1 3.1(e) Certificate of Change – Reverse Stock Split 8-K 8/17/21 3.1 3.1(f) Certificate of Designation – Series V 8-K 1/31/23 3.1 3.1(g) Certificate of Amendment to the Series V Certificate of Designation 8-K 4/19/23 3.1 3.1 (h) Certificate of Amendment to Articles of Incorporation – Increase Authorized Capital 8-K 7/13/23 3.1 4.1 BTCS Inc. 2021 Equity Incentive Plan, as amended 10-Q 8/11/23 4.1 3.2 Bylaws S-1 5/29/08 3.2 3.2(a) Amendment No. 1 to the Bylaws 8-K 4/12/22 3.1 31.1 Certification of Principal Executive Officer (302) Filed 31.2 Certification of Principal Financial Officer (302) Filed 32.1 Certification of Principal Executive and Principal Financial Officer (906) Furnished** 101.INS Inline XBRL Instance Document 101.SCH Inline XBRL Taxonomy Extension Schema Document 101.CAL Inline XBRL Taxonomy Extension Calculation Linkbase Document 101.DEF Inline XBRL Taxonomy Extension Definition Linkbase Document 101.LAB Inline XBRL Taxonomy Extension Label Linkbase Document 101.PRE Inline XBRL Taxonomy Extension Presentation Linkbase Document 104 Cover Page Interactive Data File (formatted as inline XBRL and contained in Exhibit 101). ** This exhibit is being furnished rather than filed and shall not be deemed incorporated by reference into any filing, in accordance with Item 601 of Regulation S-K. Copies of this report (including the financial statements) and any of the exhibits referred to above will be furnished at no cost to our shareholders who make a written request to BTCS Inc., 9466 Georgia Avenue #124, Silver Spring, MD 20910, Attention: Corporate Secretary. 31