Decision on refusal of the motion of the shareholder – correction of current report no. 24/2012 dated the 31st May 2012 on extension of the agenda of the Ordinary Shareholders Meeting of Apator SA
The Executive Board of Apator SA announces about change of the decision on extension of the agenda of Ordinary Shareholders Meeting by the point regarding the appointment of chartered auditor for special affairs submitted by Zbigniew Jaworski –the shareholder. In accordance with art. 401 § 1 of the Commercial Companies Code entitled shareholders has the right to submit the motion for the extension of the agenda of General Shareholders Meeting not later than on twenty one days before the date set for General Shareholders Meeting to be held. In case of Apator SA the motion should be submitted in described period up to the 28th May 2012 but the motion was submitted by Zbigniew Jaworski – the shareholder on the 30th May 2012. Further to the above, the motion is being refused in accordance with the provisions of art.401 of the Commercial Companies Code where the motions are not allowed to be accepted when submitted after the term. The Executive Board of Apator SA informed in announcement on convention of General Shareholders Meeting published in current report no. 19/2012 about that binding term passing on the 28th May 2012 for the submission of the motion by entitled shareholders.
The content corrected in whole of current report no 24/2012 gets new wording: The Executive Board of Apator SA announces that on the 30th May 2012 the motion of Zbigniew Jaworski –the shareholder was submitted to adopt the resolution on extension of the agenda of the Meeting by point concerning the adoption of resolution on the appointment of chartered auditor for special affairs with the scope of auditing covering the establishment of hedging method in financial years against currency exchange rate risk by the Executive Board of Apator SA and subsidiaries of the Issuer in 2008-2011 related to the sales of Apator SA quoted in foreign currency obtained in export and in order to indicate persons guilty of financial losses incurred by Apator SA in financial years 2008-2011.The above motion was rejected due to it was not submitted in required term of 21 days before the date of commencement of Ordinary Shareholders Meeting that is the 28th May 2012.