Notification on a crossing of the 5% threshold in the total number of votes

Wednesday, 17 October, 2018
40/2018

The Management Board of KGHM Polska Miedź S.A. ("Company") announces that the Company has received a notification, sent under art. 69 sec. 1 point 1 and art. 69a sec. 1 point 1 of the act dated 29 July 2005 on public offerings and conditions governing the introduction of financial instruments to organised trading, and on public companies, by Powszechne Towarzystwo Emerytalne PZU S.A. (PTE PZU S.A.) acting on behalf of the fund Otwarty Fundusz Emerytalny PZU „Złota Jesień” (OFE PZU), that as a result of the completion on 12 October 2018 of the liquidation of the fund Pekao Otwarty Fundusz Emerytalny (Pekao OFE), which resulted in the transfer as of this date of all of the assets of Pekao OFE to OFE PZU and of the assumption by OFE PZU to all of the rights and obligations of Pekao OFE, the share previously held by OFE PZU in the total number of votes in the company KGHM Polska Miedź S.A. increased as of this date and exceeded the threshold of 5% in the total number of votes.

Following is a listing of the number of shares and votes held by OFE PZU in the Company, immediately prior to the completion of the liquidation of Pekao OFE and following its completion:

  • Prior to the completion of the liquidation:
    - number of shares held - 9 035 399;
    - percentage of share capital held – 4.52;
    - number of votes held - 9 035 399;
    - percentage of the number of votes – 4.52.
  • Following its completion:
    - number of shares held - 10 099 003;
    - percentage of share capital held – 5.05;
    - number of votes held - 10 099 003;
    - percentage of the number of votes – 5.05.

At the same time OFE PZU announced that:

  • it does not own subsidiaries holding the shares of KGHM Polska Miedź S.A.,
  • the situation described under art. 69 sec. 4 point 6 of the aforementioned act does not apply, and
  • it is also not in the possession of the financial instruments mentioned in art. 69b sec. 1 point 1) and 2) of the aforementioned act.

Legal basis: art. 70 point 1 of the Act dated 29 July 2005 on public offerings and conditions governing the introduction of financial instruments to organised trading, and on public companies (unified text: Journal of Laws of 7 February 2018, item 512, as amended)

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