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3 Oct 2008 16:11
UNOFFICIAL TRANSLATION
(October 3, 2008)
Report 81/2008: Dismissing complaint to the decision dated 17 June 2008 on dismissing petition for securing the claim to repeal resolution No 5 and No 10 of the Bank's Ordinary General Meeting.
The Management Board of Bank Polska Kasa Opieki S.A. ("Bank") informs that on 2 October 2008 the Bank received decision of the Court of Appeal in Warsaw of 24 September 2008 on dismissing complaint of the Bank's shareholder to the decision of the Circuit Court in Warsaw dated 17 June 2008 on dismissing petition of the Bank's shareholder for securing his claim to repeal resolution No 5 of the Bank Ordinary General Meeting of 23 April 2008, on approving the Bank's financial statement for 2007, and resolution No 10 of the Bank Ordinary General Meeting of 23 April 2008, on distribution of net profit for 2007 and allocation a portion of reserve capital for dividend payment, by banning the Bank to pay dividend or ordering payment of the dividend to the court deposit. Quoting the causes of repealing the complaint, the Court of Appeal indicated that the plaintiff did not prove any of the circumstances referred to in art. 422 of Commercial Companies Code (k.s.h.) justifying the demand to repeal the resolution No 5 of the Bank Ordinary General Meeting on approving the Bank's financial statement for 2007, and resolution No 10 of the Bank Ordinary General Meeting, on distribution of net profit for 2007 and allocation a portion of reserve capital for dividend payment, and also did not evidence any legal interest in obtaining security in the meaning of art. 7301 § 2 of the Code of Civil Procedure (k.p.c.).
At the same time, we wish to inform that until now the Bank has not been delivered any suit for repealing resolutions No 5 and No 10 of the Bank's Ordinary General Meeting of 23 April 2008.
Legal basis: § 39 section 1 point 6 of the Minister of Finance's ordinance on current and periodic information provided by issuers of securities.
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