Filing of a suit requesting that resolutions of the Ordinary General Meeting be declared invalid

Tuesday, 30 August, 2011
Report no. 22/2011

The Management Board of KGHM Polska Miedź S.A. announces that on 29 August 2011, the Company received information from the Regional Court in Legnica, Section VI (Economic) announcing that a suit had been filed at the Court by a shareholder of the Company, Ryszard Zbrzyzny, on 13 July 2011, requesting that resolutions of the Ordinary General Meeting of KGHM Polska Miedź S.A. in Lubin dated 15 June 2011, be declared invalid: 

  • resolution no. 36/2011, based on which Leszek Hajdacki was not appointed to the Supervisory Board of KGHM Polska Miedź S.A. for the new term, and 
  • resolution no. 38/2011, based on which Ryszard Kurek was not appointed to the Supervisory Board of KGHM Polska Miedź S.A. for the new term, 

as well as a request to secure the claim by suspending the registration proceedings in the Register of Entrepreneurs of the Regional Court of Registration carried out for KGHM Polska Miedź S.A. regarding the removal of Ryszard Kurek and Leszek Hajdacki until such time as the court ruling in this matter becomes legally binding, or eventually – to the extent that such removal has already taken place – by suspending the entry of new members of the Supervisory Board of the Company appointed by resolutions nos. 34, 35, 36, 37, 38, 39 and 40/2011 of the Ordinary General Meeting of the Company dated 15 June 2011. 

Together with the request to declare the resolutions invalid, KGHM Polska Miedź S.A., also received a ruling of the Regional Court in Legnica dated 23 August 2011 on the dismissal of the request of Ryszard Zbrzyzny to secure the claim. 
The Court committed the Company to submit a response to the suit within 14 days, otherwise a default judgment will be issued. 
The Regional Court in Legnica has not set a date for the hearing. 

Legal basis: § 38 sec. 1 point 10 of the Decree of the Minister of Finance dated 19 February 2009 regarding current and periodic information published by issuers of securities and conditions for recognising as equivalent information required by the laws of a non-member state (Journal of Laws from 2009 No. 33, item 259 with subsequent amendments)