Annual General Meeting

Our Annual General Meeting (AGM) was held on May 8, 2009, in Frankfurt am Main. Approximately 85 % of the ordinary share capital and about 42 % of the preference share capital were represented at the meeting. Those shareholders unable to attend the AGM were able to listen to the speech of the Chairman of the Management Board, which is broadcast live over the Internet in the Investor Relations / Annual General Meeting section of our website at www.fresenius.com. Additionally, shareholders were able to have their voting rights exercised by proxy, or, in line with the recommendation in the Code, by a voting representative appointed by Fresenius SE. Shareholders at the AGM voted on the appropriation of the distributable profits, and gave their approval to the actions of the Management and Supervisory Boards and to the appointment of the auditor. Other resolutions passed at the AGM included the creation of new Approved Capital and the corresponding amendment of Company’s statutes; on these resolutions a separate vote had to be taken by the preference shareholders. The clearance procedure pursuant to Section 264a of the German Stock Corporation Act (AktG) is pending before the Higher Regional Court in Frankfurt am Main with the view of securing the validity of the approved capital which has already been registered in the commercial register.

Documents and information on the Annual General Meeting are available on our website at www.fresenius.com in the Investor Relations / Annual General Meeting section.

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