25th Jun 2015 16:45
To: Bucharest Stock Exchange Financial Supervisory Authority
Current report according to Article 113 point A, paragraph (1) letter j) of the Romanian National Securities Commission Regulation no. 1/2006 regarding the issuers and the operations with securities, as subsequently amended and completed, as well as the provisions of Article 99 of the Code of the Bucharest Stock Exchange, Title II, Issuers and Financial Instruments. Important events to be reported: Update on all litigations between a litigant and Fondul Proprietatea SA Franklin Templeton Investment Management Ltd. United Kingdom Bucharest Branch ("the Fund Manager"), in its capacity as sole director and fund manager of Fondul Proprietatea SA ("the Fund"), would like to update shareholders and investors on all ongoing cases between Ioana Sfiraiala (the "Litigant") and the Fund, as set out in the table enclosed as Annex to this report.
In particular, the Fund Manager would like to note that the Bucharest Court announced today that it has rejected the Litigant's claim in file no. 10424/3/2014, having as subject the annulment of EGM Resolution no. 14/23 November 2012 regarding the ratification of the Fund's Constitutive Act.
The decision of the court, although not final, resides on the fact that the subject matter of this file was already analysed in another case (i.e. 43424/3/2012) where the challenged resolution was irrevocably maintained as valid.
The updated table of all pending files, as well as all closed files with the same Litigant, is available on the Fund's webpage at http://www.fondulproprietatea.ro/sites/default/files/list_of_pending_ and_closed_cases_with_is_25_june_2015.pdf.
Franklin Templeton Investment Management Ltd. United Kingdom Bucharest Branch, in its capacity of Sole Administrator of FONDUL PROPRIETATEA S.A.
Grzegorz Konieczny Legal Representative
| Report date:25 June 2015 Name of the issuing entity: Fondul Proprietatea S.A. Registered office: 78-80 Buzesti St.,7th floor, district 1, Bucharest, postal code 011017 Phone/fax number: Tel.: + 40 21 200 9600 Fax: + 40 21 200 9631 Sole Registration Code with the Trade Register Office:18253260 Order number in theTrade Register:J40/21901/2005 Subscribed share capital: RON 10,965,850,800.30 Paid-up share capital:RON 10,638,419,685.30 Number of shares in issue: 12,184,278,667
Number of paid shares: 11,820,466,317
Regulated market on which the issued securities are traded:Shares on Bucharest Stock Exchange GDRs on London Stock Exchange
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ANNEX
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Crt. | File number | Court | The object of the court file | Status | Next hearing |
1. | File no. 692/299/2014 | 1st District Court House | Legal action filed by the Fund against the Litigant and her husband for the annulment of certain legal deeds concluded between them with an aim of separating the assets between them; this legal case in relation to the forced execution initiated by the Fund against the Litigant for the recovery of legal fees. | After first procedural hearings, the next hearing has been set for 10 December 2014. Next hearing has been set for 28 January 2015. On 28 January 2015 the Court has postponed the hearing for 11 March 2015. On 11 March 2015 the Court set a new hearing for 22 April 2015. A new hearing has been set for 17 June 2015. On 17 June 2015 the Court postponed the hearing for 16 September 2015. | 16 September 2015 |
2. | File no. 17692/3/2013 | Bucharest Court | Challenging EGM Resolution no. 2/04.04.2012 for amending the Constitutive Act and EGM Resolution no. 3/25.04.2012 for subscribed share capital decrease and a request for de-registration with Trade Registry of these resolutions. | Ongoing (retrial). Initial decision in favour of the Fund. The first hearing has been set for 13 June 2013, hearing when the court rejected the Litigant's re-examination request. The file has been rendered for the judgment to continue. The next hearing has been set for 3 October 2013 when the Court postponed the hearing due to procedural reasons for 31 October 2013. On 31 October 2013, the Court admitted the intervention request filed in this file. On 28 November 2013, the Court decided to postpone for 5 December 2013 the decision regarding the objection raised by the Fund regarding the right of the Litigant to start such a case. On 5 December 2013, the Court rejected the Litigant's request arguing that the Litigant had no right to start such a case. The Litigant filed an appeal and the Bucharest Court of Appeal set the first hearing on 27 May 2014. On 27 May 2014, the Court postponed the hearing, due for procedural reason for 24 June 2014. On 24 June 2014 the Court postponed the hearing for procedural reasons for 30 September 2014. On 30 September 2014 the Court admitted the appeal and sent the file for a retrial with the Bucharest Court. The first hearing in this stage has been set for 26 February 2015. On 26 February 2015 the Court postponed the hearing for 26 March 2015. On 26 March 2015 the Court postponed the trial for 23 April 2015. Next hearing set for 18 June 2015. On 18 June 2015 the Court postponed the hearing for 24 September 2015. | 24 September 2015 |
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