Atlas Lithium's biggest risks in the FY2024 10-K
- Atlas Lithium is an exploration-stage mining company with an accumulated deficit of $144.4 million and no mineral reserves.
- Operations are concentrated in Brazil and heavily dependent on CEO Marc Fogassa and lithium market prices.
- Key risks include labor union negotiations, foreign exchange volatility, and contractual disputes with third-party service providers.
The risks most specific to Atlas Lithium
- Business Risks
We have incurred losses in each of the past three years, have negative cash flow from operating activities, have had limited revenues and expect to continue to incur losses in the future
We have an accumulated deficit of approximately $144.4 million as of December 31, 2024, and expect continued losses until commercial production begins.
- Business Risks
Because the probability of an individual prospective mineral deposit ever having reserves is not known, and any funds spent on exploration and evaluation may be lost if our properties may not contain any reserves
We are an exploration stage company with no mineral reserves under Regulation S-K Item 1300, meaning all exploration funds may be lost.
- Business Risks
Labor disruptions and a rise in labor costs could impact our business, financial condition and results of operations
Approximately 60% of our workforce is unionized, exposing us to potential labor shortages, work stoppages, and strikes.
- Business Risks
We depend upon Marc Fogassa, our Chief Executive Officer and Chairman
Our operations and future development depend heavily on the personal efforts and continued performance of our CEO and Chairman, Marc Fogassa.
- Business Risks
Certain officers and directors may be in a position of conflict of interest
Our CEO Marc Fogassa and director Rodrigo Menck hold leadership roles at Atlas Critical Minerals, creating potential conflicts of interest.
- Business Risks
We have a contractual dispute with RTEK International DMCC, the outcome of which is unknown at this time, and our business and operations could be negatively impacted by the termination of the Technical Services Agreement with RTEK International DMCC
We are involved in a contractual dispute with RTEK International DMCC regarding the Second A&R RTEK Agreement, risking arbitration costs.
- Regulatory and Industry Risks
The development of non-lithium battery technologies could adversely affect us
The development and adoption of non-lithium battery technologies could significantly harm our prospects and future revenues.
- Regulatory and Industry Risks
Exposure to foreign exchange fluctuations and capital controls may adversely affect our costs, earnings and the value of some of our assets
We conduct our business in Brazil using the Brazilian real while reporting in U.S. dollars, exposing us to foreign exchange fluctuations.
- Common Stock Risks
We are deemed a “controlled company” under the rules of Nasdaq and therefore qualify for exemptions from certain governance requirements under the rules of the Nasdaq
Our CEO Marc Fogassa holds over 50% of our voting securities via our Series A Preferred Stock, making us a controlled company under Nasdaq rules.
All 41 risk factors
Headings as the filing states them, in filing order.
Business Risks
- 01Our future performance is difficult to evaluate because we have a limited operating history
- 02We have incurred losses in each of the past three years, have negative cash flow from operating activities, have had limited revenues and expect to continue to incur losses in the future
- 03We are an exploration stage company, and there is no guarantee that our properties will result in the commercial extraction of mineral deposits
- 04Because the probability of an individual prospective mineral deposit ever having reserves is not known, and any funds spent on exploration and evaluation may be lost if our properties may not contain any reserves
- 05Exploration activities require significant amounts of capital that may not be recovered and may exceed our budget
- 06We face risks related to mining, exploration, plant assembly and mine construction, if warranted, on our properties
- 07Labor disruptions and a rise in labor costs could impact our business, financial condition and results of operations
- 08If we are unable to negotiate acceptable collective bargaining agreements, we may become subject to union-initiated work stoppages, including strikes. In addition, additional groups of employees may seek union representation in the future
- 09Our long-term success will depend ultimately on our ability to achieve and maintain profitability and to develop positive cash flow from our mining activities
- 10Our quarterly and annual revenue, operating results and financial results are likely to fluctuate significantly in future periods
- 11Our ability to manage growth will have an impact on our business, financial condition and results of operations
- 12We depend on information technology systems that are subject to cybersecurity threats, disruption, damage or failure
- 13We depend upon Marc Fogassa, our Chief Executive Officer and Chairman
- 14Our growth will require new personnel, which we will be required to recruit, hire, train and retain
- 15Certain officers and directors may be in a position of conflict of interest
- 16We have historically relied on third-party consultants and their inability to perform timely and in compliance with their contractual obligations can adversely impact our business operations
- 17We have a contractual dispute with RTEK International DMCC, the outcome of which is unknown at this time, and our business and operations could be negatively impacted by the termination of the Technical Services Agreement with RTEK International DMCC
- 18Adverse developments affecting the financial services industry, including events or concerns involving liquidity, defaults or non-performance by financial institutions or transactional counterparties, could adversely affect our business, financial condition or results of operations
- 19We may be unable to hire and retain the third-party contractors upon which we rely, including for drilling and construction of the lithium processing plant
Regulatory and Industry Risks
- 20The mining industry subjects us to several risks
- 21Our operations and mineral projects are subject to significant government regulations, including extensive environmental laws and regulations
- 22We are required to obtain governmental permits in order to conduct development and mining operations, a process which is often costly and time-consuming
- 23Compliance with environmental regulations and litigation based on environmental regulations could require significant expenditures
- 24Mining operations face substantial health and safety regulations
- 25Mineral prices are subject to unpredictable fluctuations
- 26The development of non-lithium battery technologies could adversely affect us
- 27The growth potential of lithium markets is uncertain
- 28Demand and market prices for lithium will greatly affect the value of our investment in our lithium resources and our future revenues and profitability generally
- 29Changes in public policies and legislative initiatives could materially affect our business and prospects
- 30Our ability to execute our business plan depends primarily on the continuation of a favorable mining environment in Brazil and our ability to freely sell our minerals
- 31The perception of Brazil by the international community may affect us
- 32Exposure to foreign exchange fluctuations and capital controls may adversely affect our costs, earnings and the value of some of our assets
Common Stock Risks
- 33Our stock price may be volatile, and you could lose all or part of your investment
- 34We do not intend to pay regular future dividends on our common stock and thus stockholders must look for appreciation of our common stock to realize a gain on their investments
- 35We will seek to raise additional funds, finance acquisitions, or develop strategic relationships by issuing securities that would dilute your ownership
- 36We are deemed a “controlled company” under the rules of Nasdaq and therefore qualify for exemptions from certain governance requirements under the rules of the Nasdaq
- 37Sales of a substantial number of shares of our common stock by our stockholders in the public market could cause our stock price to fall
- 38The costs of operating as a public company are significant, and our management is required to devote substantial time to compliance with our public company responsibilities and corporate governance practices
Risks Related to World Events
- 39Tariffs and other changes in international trade policy could adversely affect our business, financial condition and results of operations
- 40A resurgence of the COVID-19 pandemic, or the emergence of a new pandemic, may adversely affect our business
- 41An escalation of the war in Ukraine and conflicts in the Middle East, coupled with the international policy of the new U.S. presidential administration or the emergence of conflict elsewhere may adversely affect our business
Other Atlas Lithium 10-Ks
- FY2025 10-K risk factors50 risks13 new4 dropped9 reworded
New risks emphasize climate exposure, cybersecurity, inflation, labor relations, and staffing as Atlas develops Brazilian lithium projects.
Filed Mar 04, 2026
About this page
The headings are the filing's own. The one-line readings and the overview are automated and can be wrong: read Item 1A of the 10-K for the exact wording.