Notification on a decrease below the 5% in the total number of votes

Report number
5/2019

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 2 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), in which PTE PZU S.A. announced that as a result of the sale on the Warsaw Stock Exchange of 35 000 shares of  the Company KGHM Polska Miedź S.A. on 13 February 2019, following its settlement on 15 February 2019, OFE PZU’s share in the total number of votes in the Company decreased below the level of 5%.

Following is a listing of the number of shares and votes held prior to the completion of the aforementioned transaction and following its completion:

  • Prior to the completion of the transaction:

-   number of shares held – 10 000 230;

-   percentage of share capital held – 5.00;

-   number of votes held – 10 000 230;

-   percentage of the number of votes – 5.00.

  • Following the completion of the transaction:

-   number of shares held – 9 965 230;

-   percentage of share capital held – 4.98;

-   number of votes held – 9 965 230;

-   percentage of the number of votes – 4.98.

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)