8-K

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): July 20, 2023

DataStorage Corporation

(Exactname of registrant as specified in charter)

48South Service Road

Melville,New York 11747

(Address of principal executive offices and zip code)

(212)564-4922

(Registrant’s telephone number including area code)

N/A

(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 registrant under any of the following provisions (see General Instruction A.2. below):

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

Indicate by check mark whether the registrant is an emerging growth company as defined in 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 ☐

If an emerging growth company, indicate by checkmark 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. ☐

Data Storage Corporation (the “Company”) will be holding its 2023 Annual Meeting of Shareholders (the “Annual Meeting”) on September 13, 2023. The Company intends to deliver the proxy materials in connection with the Annual Meeting on or about August 4, 2023. Stockholders who intend to present proposals for inclusion in the proxy materials for the Annual Meeting under Rule 14a-8 promulgated under the Securities Exchange Act of 1934, as amended (“Rule 14a-8”) must ensure that such proposals are received by the Company, in writing at 48 South Service Road, Melville, New York 11747 no later than July 27, 2023 and must furthermore comply with all applicable requirements of Rule 14a-8 promulgated under the Securities Exchange Act of 1934, as amended (the “Exchange Act”). Stockholders who intend to present proposals for director nominations or any other proposal at the Annual Meeting must provide notice in writing to the Corporation at 48 South Service Road, Melville, New York 11747 no later than July 27, 2023 to be considered timely. In addition to satisfying the foregoing requirements, to comply with the universal proxy rules, stockholders who intend to solicit proxies in support of director nominees other than the Company’s nominees must provide notice that sets forth the information required by Rule 14a-19 under the Exchange Act no later than July 30, 2023.

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.