Reply to the demand of the shareholder submitted in the mode of Art. 428 § 6 of the Companies Code
The Managing Board of Apator SA submits below the reply to the demand (petition) by the shareholder of the Company submitted in the mode of Art. 428 § 6 of Companies Code relating to the history of operations on the shares of Apator SA being in the possession of Apator Mining sp. z o.o. Ltd Co., i.e. the company dependent on the Issuer, in which the shareholder indicates „(…) there are 1.000.000 own shares missing and there is no information where currently the missing shares are located (…)” whereas these shares were sold to the institutional investors about which the Issuer informed in current report No. 33/2010, which is accessible at the Internet website of the Company.
The reply of the Managing Board of Apator SA:
Apator Mining sp. z o.o. Ltd Co. (formerly Apator Service sp. z o.o. Ltd Co.) in 2000 purchased in total 803,642 shares of Apator SA, and then in 2002 Apator SA purchased from Apator Mining sp. z o.o. in total 203,642 own shares with the aim to redeem them, pursuant to the program of buyout of own shares. Then, on 21st August 2006 split of shares was carried out at the ratio of 1:11, as the result of which the amount of shares being at the disposal of Apator Mining changed from 600.000 to 6.600.000 pcs. Subsequently, on 25th June 2010 Apator Mining sold 1.000.000 of shares to institutional investors (of which the Company informed by current report No. 33/2010 accessible on the website) and on 23rd January 2012 Extraordinary Assembly of Shareholders of Apator SA expressed its consent for free-of-charge purchase of shares of Apator SA from Apator Mining at the amount of 2.000.000 pcs with the aim to redeem them without remuneration and to decrease initial capital. Following the above explanations, Apator Mining sp. z o.o. Ltd Co has currently 3.600.000 shares of Apator S.A., which was correctly shown in the structure of shareholding of Apator SA accessible on the Internet website of the Company and published by current reports which are stored in a bookmark relacje inwestorskie (investors’ relations).
It is worth to underline that the role and obligation of the public company is to transfer the information on the company’s situation and key events in a reliable manner as well as enable equal access of the shareholders thereto. That is why the Company for years has been running open dialogue with the shareholders and has been transferring the information in a transparent manner. The assessment of single facts and group of information completed by the investor belongs to the investor.
With reference to the above, the Company will not answer subsequent demands of the shareholder if they relate to transferring of the information which had been published earlier and are submitted in the mode of Art. 428 § 6 of Companies Code.
In the attachment the Issuer submits full content of the demand.
§19 subparagraph 1 point 12 of the 29th March 2018 Regulation by the Minister of Finance on current and periodic information transferred by the issuers of securities and the conditions to recognize as equivalent the information required by the provisions of laws of non-member state.
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