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Fresenius Medical Care AG & Co. KGaA Hof ISIN: DE0005785802 // WKN: 578580 ISIN: US3580291066 // CUSIP: 358029106 Announcement pursuant to sections 246 para. 4 sentence 1, 249 para. 1 sentence 1 German Stock Corporation

Wednesday, September 6, 2023 2 min read
Key Takeaway: Fresenius Medical Care AG & Co. KGaA announced that an action for contestation and annulment has been filed against the resolution from its Extraordinary General Meeting held on July 14, 2023. The legal challenge concerns the conversion of the company into a stock corporation and possibly also the election of supervisory board members. The case is currently pending before the Regional Court of Nuremberg-Fürth, which has ordered written preliminary proceedings. This development creates uncertainty about the company's governance changes.

Market Sentiment Analysis

CONCERNS & RISKS

  • An action for contestation and annulment has been filed against a key resolution.
  • The ongoing legal proceedings may create uncertainty regarding governance changes.
  • The plaintiffs' motions raise questions about the validity of the Extraordinary General Meeting decisions.

Full Press Release Details

Fresenius Medical Care AG & Co. KGaA
ISIN: DE0005785802 // WKN: 578580
ISIN: US3580291066 // CUSIP: 358029106
Announcement pursuant to sections 246 para.
4 sentence 1, 249 para. 1 sentence 1 German Stock Corporation Act (Aktiengesetz - AktG)
Pursuant to sections 246 para. 4 sentence 1, 249
para. 1 sentence 1 German Stock Corporation Act (Aktiengesetz - AktG), we announce that an action for contestation and annulment
(Anfechtungs- und Nichtigkeitsklage) has been filed against the resolution adopted at the Extraordinary General Meeting of Fresenius
Medical Care AG & Co. KGaA on July 14, 2023 regarding agenda item 1 (Resolution on the conversion of the Company into the legal form
of a stock corporation). Based on the motions filed by the plaintiffs, it is unclear whether the action is also directed against the resolution
of the Extraordinary General Meeting regarding agenda item 2 (Resolution on the election of the members of the supervisory board of Fresenius
Medical Care AG). The action has been filed before the Regional Court of Nuremberg-F rth (Landgericht N rnberg-F rth),
Chamber for Commercial Matters (Kammer f r Handelssachen), and is pending under file number 1 HK O 4610/23.
The court has ordered written preliminary proceedings.
Hof, this September 2023
Fresenius Medical Care AG & Co. KGaA
Fresenius Medical Care Management AG
The Management Board

Frequently Asked Questions

What action has been filed against Fresenius Medical Care?

An action for contestation and annulment has been filed against a resolution from the Extraordinary General Meeting.

When was the Extraordinary General Meeting held?

The Extraordinary General Meeting took place on July 14, 2023.

What is the file number for the court case?

The court case is pending under file number 1 HK O 4610/23.

Where is the case filed?

The action has been filed at the Regional Court of Nuremberg-Fürth.

What is unclear about the filed action?

It is unclear if the action also targets the resolution on supervisory board elections.

Tags: FMS Viatris Investor Conferences Healthcare Fresenius Medical Care legal challenge Extraordinary General Meeting Nuremberg
Last updated: Sep 6, 2023