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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

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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): January 8, 2024

AEROVATE THERAPEUTICS, INC.

(Exact name of registrant as specified in its charter)

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Delaware |  | 001-40544 |  | 83-1377888
(State or other jurisdiction | ​ | (Commission | ​ | (I.R.S. Employer
of incorporation) | ​ | File Number) | ​ | Identification No.)

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Aerovate Therapeutics, Inc.

930 Winter Street, Suite M-500, Waltham, Massachusetts 02451

(Address of principal executive offices, including zip code)

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(617) 443-2400

(Registrant’s telephone number, including area code)

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N/A

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

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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:

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

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

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

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

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

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Title of each class |  | Trade Symbol(s) |  | Name of each exchange on which registered
Common Stock, $0.0001 par value per share | ​ | AVTE | ​ | The Nasdaq Global Market

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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).

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Emerging growth company ☒

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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. ☒

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Item 7.01 | Regulation FD Disclosure.

Aerovate Therapeutics, Inc. (the “Company”) is furnishing a corporate presentation, attached as Exhibit 99.1 to this Current Report on Form 8-K, which the Company intends to use from time to time in meetings with investors and others beginning on January 8, 2024. The corporate presentation will also be available in the “Events & Presentations” section of the Company’s website at https://ir.AerovateTx.com/events-presentations.

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The information under this Item 7.01 of this Current Report on Form 8-K (including Exhibit 99.1) is intended to be furnished and shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”) or otherwise subject to the liabilities of that section, nor shall it be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, or the Exchange Act, except as expressly set forth by specific reference in such filing.

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Item 9.01. Financial Statements and Exhibits.

(d) Exhibits

99.1 |  | Corporate presentation of Aerovate Therapeutics, Inc., furnished herewith.
104 | ​ | Cover Page Interactive Data File
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SIGNATURE

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.

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​ |  | Aerovate Therapeutics, Inc.
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Date: January 8, 2024 |  | By: |  | /s/ Timothy P. Noyes
​ |  | ​ |  | Timothy P Noyes
​ |  | ​ |  | Chief Executive Officer

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