UNOFFICIAL TRANSLATION

Similar documents
AMENDMENT OF THE ARTICLES OF ASSOCIATION AUTHORIZATION TO ACQUIRE OWN SHARES

RENEWAL OF THE AUTHORIZED CAPITAL AUTHORIZATION TO ACQUIRE OWN SHARES AMENDMENT OF THE ARTICLES OF ASSOCIATION

EXTRAORDINARY GENERAL MEETING. Dossier: CO/SB/ /lv Record :

INVITATION TO THE ORDINARY AND EXTRAORDINARY GENERAL MEETING

EXTRAORDINARY GENERAL MEETING

GALAPAGOS *** APPOINTMENT RENEWAL AUTHORIZATION AUTHORIZED CAPITAL AMENDMENTS TO ARTICLES OF ASSOCIATION POWER OF ATTORNEY

+UNOFFICIAL TRANSLATION

EULER HERMES GROUP ARTICLES OF ASSOCIATION

UCB SA/NV Public limited liability company - Allée de la Recherche 60, 1070 Brussels - Enterprise nr (RLE Brussels)

REGULATED INFORMATION. KBC Group Naamloze Vennootschap (company with limited liability) Havenlaan Brussels VAT BE

EXTRACT FROM THE MINUTES OF THE ORDINARY GENERAL SHAREHOLDERS MEETING OF EDP RENOVÁVEIS, S.A., HELD ON THE 13 TH OF APRIL 2010

Bekaert is also indispensable in the kitchen, applying its technology not just to wire for safety guards, but also for shelving, storage, fryer

The Bank of New York Mellon Public Limited Liability Company Rue Montoyer, number 46 at 1000 Brussels. VAT BE

Elia System Operator SA/NV

ageas SA/NV Limited liability company

MINUTES OF THE ANNUAL GENERAL MEETING OF THE SHAREHOLDERS OF KSG AGRO S.A. HELD AT THE COMPANY S REGISTERED OFFICE ON JULY 6 th, 2018

Draft of the Articles and Memorandum of Association

MINUTES OF THE ANNUAL GENERAL SHAREHOLDERS MEETING HELD ON 27 APRIL 2016

ARTICLES OF ASSOCIATION (STATUT) CAPITAL PARK SPÓŁKA AKCYJNA (Joint-Stock Company) I. GENERAL PROVISIONS

ARTICLES OF ASSOCIATION OF SGS SA

ArcelorMittal société anonyme registered office: 19, avenue de la Liberté, L-2930 Luxembourg R.C.S. Luxembourg B CONVENING NOTICE

BY-LAWS. updated on 14 June 2018

2004 STATEMENT ON CORPORATE GOVERNANCE. Celine Perque Bekaert Solaronics, Armentières, France

Consolidated text of the bylaws of the public limited company under Belgian public law "PROXIMUS"

REPORT BY THE BOARD OF DIRECTORS TO VOTE, AS POINT NUMBER TWO OF THE AGENDA OF THE

Articles of Association of KAS BANK N.V.

UNOFFICIAL TRANSLATION PROPOSED AMENDMENTS OF THE ARTICLES OF ASSOCIATION OF TOMTOM N.V. Capital repayment and share consolidation

Articles of Association

ageas SA/NV Société Anonyme / Naamloze Vennootschap (limited liability company)

DECEUNINCK limited company that makes or has made a public call on the capital markets Brugsesteenweg ROESELARE

CONVENING NOTICE TO ATTEND THE GENERAL MEETING OF SHAREHOLDERS

Shareholders who would like to be able to cast their vote during the Meeting of ageas SA/NV may:

BY-LAWS EDMOND DE ROTHSCHILD (SUISSE) SA

TRUST CONDITIONS (Stichting Administratiekantoor Unilever N.V.)

Articles of Association

ARTICLES OF ASSOCIATION. Established in Amsterdam

Name and Registered Office and Rules Applicable to Two-tier Entities. Article 1. ABN AMRO Group N.V. Object. Article 2.

Shareholders who would like to be able to cast their vote during the Meeting of ageas SA/NV may:

DECEUNINCK limited company that makes or has made a public call on the capital markets Brugsesteenweg ROESELARE

UCB SA/NV Public limited liability company - Allée de la Recherche 60, 1070 Brussels - Enterprise nr (RLE Brussels)

MITHRA PHARMACEUTICALS Société anonyme (public limited company) Rue Saint-Georges, Liège Companies Register (Liège)

INVITATION TO THE ORDINARY GENERAL MEETING AND EXTRAORDINARY GENERAL MEETING

IPSEN. SOCIÉTÉ ANONYME (French public limited company)

INVITATION TO THE EXTRAORDINARY GENERAL MEETING

1. Purpose of the Report

LIMITED LIABILITY COMPANY Registered Office: rue du Marais 31 Broekstraat Brussels VAT BE RLE Brussels PROXY 1

ArcelorMittal. Société anonyme. Registered office: 24-26, boulevard d Avranches, L-1160 Luxembourg. Grand-Duchy of Luxembourg

Play Communications S.A. Société anonyme. Registered office: 4/6 rue du Fort Bourbon L-1249 Luxembourg. R.C.S. Luxembourg: B

ARTICLES OF ASSOCIATION OF NASDAQ OMX TALLINN Ltd

SHAREHOLDERS MEETING REGULATIONS OF INTERNATIONAL CONSOLIDATED AIRLINES GROUP, S.A. TITLE I GENERAL PROVISIONS

KBC Group Naamloze vennootschap (company with limited liability)

ARTICLES OF ASSOCIATION

ARTICLES OF ASSOCIATION STRÖER OUT-OF-HOME MEDIA AG. Date: August 17, 2010

DECEUNINCK limited company that makes or has made a public call on the capital markets Brugsesteenweg ROESELARE

MINUTES OF THE ANNUAL GENERAL SHAREHOLDERS MEETING HELD IN MECHELEN ON 24 APRIL 2012 BUREAU

1. Presentation of the transfer report issued by the board of directors.

ArcelorMittal CONVENING NOTICE

1. Purpose of this Report

NOTARIAL RECORD OF PROCEEDINGS OF A MEETING

will share in the profits as from any payment with regard to the financial year which started on 1 January 2009 and in the profits of the subsequent

CONSECUTIVE WORDING OF THE TRUST CONDITIONS STICHTING ADMINISTRATIEKANTOOR UNILEVER N.V. (after amendment dated 2018)

UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C SCHEDULE 13E-3

FREE TRANSLATION FROM THE ORIGINAL FRENCH/DUTCH VERSIONS *

The shareholders are hereby invited to attend the ORDINARY ANNUAL GENERAL MEETING

COMPAGNIE GENERALE DE GEOPHYSIQUE-VERITAS

ARTICLES OF ASSOCIATION OF VBARE IBERIAN PROPERTIES SOCIMI, S.A.

Translation of the original German text. Articles of Association of Bell Food Group Ltd

Articles of Association

Courtesy translation from French not legally binding for information purposes only

LIMITED LIABILITY COMPANY Registered Office: Broekstraat 31 rue du Marais Brussels VAT BE RLE Brussels PROXY 1

List of publication dates in accordance with Article 75, (2) of the Company Code.


THROMBOGENICS. (the Company ) CONVOCATION OF THE EXTRAORDINARY GENERAL SHAREHOLDERS MEETING

SOL MELIA S.A. ORDINARY AND EXTRAORDINARY GENERAL SHAREHOLDERS MEETING MINUTE 1 JUNE 2010

Chairperson : Tina Kasten Secretary : Raoul Hagens (Allen & Overy LLP (Amsterdam Office))

Vice President, Credit Suisse Fund Management S.A.,

jvh/mvo/le M /1/ / ARTICLES OF ASSOCIATION of: Koninklijke Ahold N.V. with corporate seat in Zaandam dated 28 May 2015

INVITATION TO THE DELIVERY HERO AG ANNUAL GENERAL MEETING ON JUNE 06, 2018

CONVENING NOTICE TO THE EXTRAORDINARY SHAREHOLDERS MEETING TO BE HELD ON 9 MAY 2017

METRO AG. Articles of Association. Resolution of the General Meeting of 11 April Non-binding convenience translation

COMBINED GENERAL OF 26 JULY 2018 *** AGENDA

Play Communications S.A. Société anonyme. Registered office: 4/6 rue du Fort Bourbon L-1249 Luxembourg. R.C.S. Luxembourg: B

Articles Zurich Insurance Group Ltd

FINANZIA, BANCO DE CREDITO, S.A. BY-LAWS INCORPORATION, NAME, REGISTERED OFFICES, CORPORATE PURPOSE AND DURATION OF INCORPORATION

1. PURPOSE OF THE REPORT

Notice of meeting. Agenda

There exists a company in the form of a société anonyme under the name of "3W POWER S.A." (the "Company").

TECHNICOLOR. A French société anonyme with a share capital of 414,024,717 Registered Office: 1-5, rue Jeanne d Arc ISSY LES MOULINEAUX

V A L E O Articles of Association updated pursuant to the resolutions of the Combined Shareholders Meeting of May 23, 2017

ORDINARY AND EXTRAORDINARY SHAREHOLDERS MEETING. 17 April 2014 single call DIRECTORS REPORT

Draft resolutions. The Management Board and the Supervisory Board propose that the Annual General Meeting adopts the following Resolution:

FOMENTO DE CONSTRUCCIONES Y CONTRATAS, S.A. Full texts of the resolutions approved by the General Meeting of Shareholders on 10 June 2009

(DRAFTED PURSUANT TO ART. 125-TER OF LEGISLATIVE DECREE 58/1998, AS SUBSEQUENTLY AMENDED AND SUPPLEMENTED)

COMPAGNIE GENERALE DE GEOPHYSIQUE-VERITAS

Articles. Zurich Financial Services Ltd

edreams ODIGEO Société anonyme Registered office: 1, Boulevard de la Foire, L-1528 Luxembourg Grand Duchy of Luxembourg R.C.S. Luxembourg: B 159.

ARTICLES OF INCORPORATION of Adecco Group AG

English Free Translation For information purposes only

I, the undersigned. (first name and surname), holding ID card No..., issued by..., domiciled at... (address) address...

This notarial deed has been drafted and certified in Tallinn, on nineteenth day of December in the year two thousand and eighteen ( ).

Transcription:

UNOFFICIAL TRANSLATION "NV BEKAERT SA" Limited liability company which has made public offerings of securities at 8550 Zwevegem, Bekaertstraat 2 VAT BE 0405.388.536, register of legal entities Gent (division Kortrijk) READING OF SPECIAL REPORT OF THE BOARD OF DIRECTORS EXTENSION OF THE AUTHORITY TO PURCHASE THE COMPANY'S SHARES EXTENSION OF CERTAIN PROVISIONS RELATIVE TO THE AUTHORIZED CAPITAL INTERIM PROVISIONS IN THE YEAR TWO THOUSAND EIGHTEEN ON THE NINTH OF MAY. In Kortrijk, Xpo Meeting Center, Doorniksesteenweg 216. Before us, Frederic OPSOMER, notary in Kortrijk (first sub-district), who performs his duties in the civil-law partnership in the form of a private limited liability company 'Notaris Frederic Opsomer', with its registered office in Kortrijk, Doornikseweg 40, replacing his counterpart Petra FRANÇOIS, notary in Gent (Ledeberg), fifth sub-district, who performs her duties in the civil-law partnership in the form of a cooperative limited liability company 'NOTAS, geassocieerde notarissen', with its registered office in 9000 Gent, Kouter 27, due to the statutory inability to act ratione loci. Is held the extraordinary general meeting of shareholders of the company "NV BEKAERT SA", with its registered office in 8550 Zwevegem, Bekaertstraat 2. Company incorporated as a private limited company under the name "TREFILERIES LEON BEKAERT" as a result of the conversion of the public limited company pursuant to a deed executed before notary Germain Denys, at that time in Zwevegem on 19 October 1935, an extract of which was published in the Annexes to the Belgian Official Journal of 4/5 November 1935, under number 14.642. The Company was converted into a public limited company under the name "NV BEKAERT SA" pursuant to a deed executed before notary Charles Dael, at that time in Ledeberg on 25 April 1969, published in the Annexes to the Belgian Official Journal of 17 May 1969, under number 1150-1. The Articles of Association of which were amended several times and, for the last time, as a result of a deed, passed before the undersigned, notary François, on 20 December 2017, published in the Annexes to the Belgian Official Journal of 26 January thereafter, under number 18020223. Company which has made public offerings of securities. Bureau The meeting is opened at 9 a.m. under the chairmanship of: Mr DE GRAEVE Albrecht Jozef, national registration number 55.03.24-267.92, residing at 8340 Damme, Sabtsweg 8. 1

The chairman designates as secretary: Mrs VANDER VEKENS Isabelle Hendrika Maria, Identity card number 592-3848712-27, national registration number 68.10.06-032.25, residing at 9051 Gent (Sint-Denijs-Westrem), Kromme Leie 13. The meeting designates as scrutineers: - Mr Louis Jacobs van Merlen, residing at 1180 Brussels, Hesperidenlaan 1 - Mr Charles de Liedekerke, residing at 1040 Brussels, Nestor Plissartlaan 8 All present here and accepting. The composition of the meeting The meeting is composed of the shareholders present in person or by proxy, of whom the name, first name and the place of residence or the names and registered offices, as well as the number of shares held by each of them and of which they declare to be owner, are listed in the attendance list attached to the present minutes. This attendance list was signed by each shareholder present or his authorized representative when entering. There are no bond holders nor subscription right holders present. Consequently, the appearance before us, notaries, is determined in accordance with the aforementioned attendance list to which the appearing persons declare to refer. This attendance list, signed by the chairman, the secretary and the scrutineers of the meeting, who found this list to be accurate, will be annexed to this deed after being signed ne varietur by the members of the bureau and us, notaries. The proxies, which are all private, referred to in the attendance list and which will be initialled by the undersigned notaries, will also remain annexed to the present minutes. Identification obligation The notary confirms that the identity of the persons who will sign this deed are known to him or were demonstrated based on proof of identity documents. STATEMENT BY THE CHAIRMAN The chairman announces and requests us, notaries, to keep minutes and take note of what follows: I. This meeting has the following agenda: 1. Reading of the special report of the Board of Directors Report of the Board of Directors pursuant to Article 604 of the Companies Code, to specify the special circumstances in which the Board of Directors may use the authorised capital and the Board s objectives in doing so. 2. Extension of the authority to purchase the Company s shares Proposed resolution: the general meeting resolves to extend the authority granted to the Board of Directors to purchase shares of the Company to prevent a threatened serious harm, and therefore to replace the text of the fourth paragraph of Article 12 of the Articles of Association with the following text: "The board of directors is also authorized to acquire shares of the Company for its own account when such acquisition is necessary to prevent a threatened serious harm to the Company, including a public take-over bid 2

II. for the Company s securities. Such authorization is granted for a period of three years beginning from the publication in the Annexes to the Belgian Official Journal of the authorizing resolution of the extraordinary general meeting of shareholders of 9 May 2018. Such authorization may be extended for periods of three years." 3. Extension of certain provisions relative to the authorized capital Proposed resolution: the general meeting resolves to extend for three years the authority granted to the Board of Directors, subject to Articles 603 et seq., and in particular Article 607, of the Companies Code, to increase the registered capital of the Company in the case of a public take-over bid for the Company s securities, and accordingly to replace the text of Article 44, 4 of the Articles of Association with the following text: "4 The board of directors is authorized, for a period of three years from the publication in the Annexes to the Belgian Official Journal of the authorizing resolution of the extraordinary general meeting of shareholders of 9 May 2018, to increase the Company s registered capital - by making use of the authorized capital - upon receipt by the Company of a notice from the Financial Services and Markets Authority of a public take-over bid for the Company s securities, provided however: - that the shares issued pursuant to the capital increase have to be fully paid up upon issue; - that the issue price of such shares cannot be lower than the price of the bid; and - that the number of shares issued pursuant to the capital increase cannot exceed ten per cent of the issued shares representing the capital prior to the capital increase." 4. Interim provisions Proposed resolution: the general meeting resolves to replace the interim provisions at the end of the Articles of Association with the following text: "(a) The authority granted to the board of directors to acquire own shares pursuant to Article 12, fourth paragraph, of the Articles of Association by the resolution of the extraordinary general meeting of 9 April 2015 will continue in effect until its expiration date or until the publication of the new authorization relative to the purchase of own shares referred to above, whichever occurs first. (b) The authority granted to the board of directors relative to the authorized capital pursuant to Article 44, 4 of the Articles of Association by the resolution of the extraordinary general meeting of 11 May 2016 will continue in effect until its expiration date or until the publication of the new authorization relative to the authorized capital referred to above, whichever occurs first." That the notices, stating the aforementioned agenda, were given in accordance with the legal decisions by means of a notice placed: - in the BELGIAN OFFICIAL JOURNAL, on 6 April 2018; - in a national newspaper, namely in DE TIJD of 6 April 2018; - in media of which reasonably may be assumed that they can ensure the 3

III. IV. effective dissemination of the information to the public within the European Economic Area and which is accessible quickly and in a non- discriminatory manner, namely through NASDAQ OMX, service provider for media distribution, on 6 April 2018. The chairman shall submit to the bureau the supporting copies of aforementioned papers and the confirmation by said service provider. These shall be initialled by the members of the bureau. That the holders of registered shares and the holders of subscription rights, as well as the directors and the statutory auditor were informed of the notice by regular letter or, for those who individually, expressly and in writing agreed to this, by email, on 6 April 2018. That, to take part in this extraordinary general meeting, the shareholders present or represented have respected the applicable regulations and other statutory provisions. V. That on the sixty million three hundred and seventy-three thousand eight hundred and forty-one (60,373,841) shares that make up the whole of the registered capital, the 179 shareholders present in person or by proxy, as evidenced by the attendance list annexed hereto, own 28,075,634 shares, or less than half of the share capital. That no bond holders nor holders of subscription rights are present. VI. VII. VIII. IX. That, however, a first extraordinary general meeting, which dealt with the same agenda, and which was held before the undersigned, notary Opsomer, on 28 March 2018, replacing his counterpart, said notary François, was unable to validly make deliberations and adopt resolutions regarding aforementioned items on the agenda, since the legal quorum was not reached. That the date of this extraordinary general meeting was mentioned in the convening notices for the first extraordinary general meeting. That, under the terms of Article 545 of the Belgian Companies Code no one is entitled to vote for more voting rights than the ones attached to the shares of which he, at least twenty days before the general meeting, has notified the Company and the Financial Services and Markets Authority, unless for the voting rights acquired within the limits of the second paragraph of the same Article. For all the shareholders present or represented in the meeting, it shall be determined that, with respect to the previous, they are allowed to participate for the totality of the voting rights belonging to them. That each share is entitled to one vote. That the resolutions relating to item 2 on the agenda must be adopted with a four-fifths majority of votes and the resolutions relating to items 3 and 4 on the agenda must be adopted with a three-quarters majority of votes. X. That no shareholders have made use of the right granted by Article 540 of the Companies Code to submit questions in writing to the Board of Directors regarding the items on the agenda before 3 May 2018. 4

DETERMINATION THAT THE MEETING IS VALIDLY COMPOSED Consequently, the chairman determines, and the meeting recognizes that, in accordance with Article 558 of the Belgian Companies Code, the present extraordinary general meeting may validly discuss and decide concerning the items indicated on its agenda. DELIBERATION FIRST ITEM ON THE AGENDA: READING OF THE SPECIAL REPORT OF THE BOARD OF DIRECTORS The extraordinary general meeting took note of the report of the Board of Directors dated 18 December 2017 pursuant to Article 604 of the Companies Code, in which the Board specifies the special circumstances in which it may use the authorised capital and the Board s objectives in doing so, and dismisses the chairman from reading it. The report will be deposited at the registry of the commercial court, together with a certified copy of these minutes. SECOND ITEM ON THE AGENDA: EXTENSION OF THE AUTHORITY TO PURCHASE THE COMPANY'S SHARES As included in the agenda, it is proposed to the general meeting to extend the authority granted to the Board of Directors to purchase shares of the Company to prevent a threatened serious harm, and therefore to replace the text of the fourth paragraph of Article 12 of the Articles of Association with the following text: "The board of directors is also authorized to acquire shares of the Company for its own account when such acquisition is necessary to prevent a threatened serious harm to the Company, including a public take-over bid for the Company s securities. Such authorization is granted for a period of three years beginning from the publication in the Annexes to the Belgian Official Journal of the authorizing resolution of the extraordinary general meeting of shareholders of 9 May 2018. Such authorization may be extended for periods of three years." As shown below, this proposal was not adopted. 1. Number of shares for which valid votes are cast: 28.075.634 2. Percentage that the above number of shares represent in the capital: 46,5029780 % 3. Total number of valid votes cast: 28.075.634 Of which: IN FAVOUR: 22.218.152 AGAINST: 5.857.482 ABSTENTION: / THIRD ITEM ON THE AGENDA: EXTENSION OF CERTAIN PROVISIONS RELATIVE THE AUTHORIZED CAPITAL As included in the agenda, it is proposed to the general meeting to extend for three years the authority granted to the Board of Directors, subject to Articles 603 et seq., and in particular Article 607, of the Companies Code, to increase the registered capital of the Company in the case of a public take-over bid for the Company s securities, and accordingly to replace the text of Article 44, 4 of the 5

Articles of Association with the following text: "4 The board of directors is authorized, for a period of three years from the publication in the Annexes to the Belgian Official Journal of the authorizing resolution of the extraordinary general meeting of shareholders of 9 May 2018, to increase the Company s registered capital - by making use of the authorized capital - upon receipt by the Company of a notice from the Financial Services and Markets Authority of a public take-over bid for the Company s securities, provided however: - that the shares issued pursuant to the capital increase have to be fully paid up upon issue; - that the issue price of such shares cannot be lower than the price of the bid; and - that the number of shares issued pursuant to the capital increase cannot exceed ten per cent of the issued shares representing the capital prior to the capital increase." This proposal was adopted as shown below. 1. Number of shares for which valid votes are cast: 28.075.634 2. Percentage that the above number of shares represent in the capital: 46,5029780 % 3. Total number of valid votes cast: 28.075.634 Of which: IN FAVOUR: 21.833.538 AGAINST: 6.242.096 ABSTENTION: / FOURTH ITEM ON THE AGENDA: INTERIM PROVISIONS As included in the agenda, it is proposed to the general meeting to replace the interim provisions at the end of the Articles of Association with the following text: "(a) The authority granted to the board of directors to acquire own shares pursuant to Article 12, fourth paragraph, of the Articles of Association by the resolution of the extraordinary general meeting of 9 April 2015 will continue in effect until its expiration date or until the publication of the new authorization relative to the purchase of own shares referred to above, whichever occurs first. (b) The authority granted to the board of directors relative to the authorized capital pursuant to Article 44, 4 of the Articles of Association by the resolution of the extraordinary general meeting of 11 May 2016 will continue in effect until its expiration date or until the publication of the new authorization relative to the authorized capital referred to above, whichever occurs first." This proposal was adopted as shown below. 1. Number of shares for which valid votes are cast: 28.075.634 2. Percentage that the above number of shares represent in the capital: 46,5029780 % 3. Total number of valid votes cast: 28.075.634 of which: IN FAVOUR: 28.065.234 AGAINST: 10.400 ABSTENTION: / 6

CONCLUSION All items on the agenda having been dealt with, the meeting is closed at 09:25 a.m. FINAL PROVISIONS Drafting fee The drafting fee amounts to ninety-five euro ( 95.00) and shall be paid at the declaration of the undersigned notary. WHOSE MINUTES WERE DRAWN UP. Drawn up in Kortrijk, at the location and date as listed above. And after these minutes were read out completely and were explained, the members of the bureau and the shareholders who requested so, have signed with us, notaries. 7