- Report of Foreign Issuer (6-K)
January 23 2009 - 11:55AM
Edgar (US Regulatory)
UNITED STATES
SECURITIES AND EXCHANGE
COMMISSION
Washington, DC
20549
FORM 6-K
REPORT OF FOREIGN
ISSUER
PURSUANT TO RULE 13a-16 OR 15b-16
OF
THE SECURITIES EXCHANGE ACT OF
1934
For January, 2009
Distribution and Service
D&S, Inc.
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(Translation of registrant’s
name into English)
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Avenida Presidente Eduardo Frei
Montalva 8301
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Quilicura, Santiago,
Chile
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(Address of principal
executive offices)
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Indicate
by check mark whether the registrant files or will file annual reports under
cover of Form 20-F or Form 40-F:
Indicate
by check mark if the registrant is submitting the Form 6-K in paper as permitted
by Regulation S-T Rule 101(b)(1):
Indicate
by check mark if the registrant is submitting the Form 6-K in paper as permitted
by Regulation S-T Rule 101(b)(7):
Indicate
by check mark whether the registrant by furnishing the information contained in
this Form is also thereby furnishing the information to the Commission pursuant
to Rule 12g3-2(b) under the Securities Exchange Act of 1934.
If
“Yes” is marked, indicate below the file number assigned to the registrant in
connection with Rule 12g3-2(b): N/A
Securities
Registry No. 0593
Material
Event
Santiago,
January 23, 2009
Mr.
Guillermo
Larraín Ríos
Chairperson
Securities
and Insurance Agency
Libertador
Bernardo O'Higgins Av. 1449
Santiago
– RM
CHILE
Dear Mr.
Larraín:
This
communication is made in compliance of rules contained in article 9
th
and
second paragraph of article 10
th
of law
No. 18,045, and paragraph 2.2 of Section II of General Rule No. 30 of your
agency. The information contained herein is delivered purporting a timely,
complete and accurate disclosure of events and information relating to
Distribución y Servicio D&S S.A. (“D&S”), its businesses and/or the
securities issued by D&S, which are publicly traded when such event has
either occurred or become of D&S’ knowledge. The information disclosed
hereinbelow shall be deemed relevant information by any knowledgeable person in
the conducting of his/her investment decisions.
In merit
of the foregoing statement, I hereby inform you under the character of a
MATERIAL EVENT
, that D&S
has become aware that the tender offer launched by Inversiones Australes Tres
Limitada, a subsidiary of Wal-Mart Stores Inc., opened on December 23, 2008 and
closed on January 22, 2009, has resulted in an amount of tendered shares equal
to
58.28
% of the total
amount of shares issued by D&S.
Sincerely,
Enrique
Ostalé Cambiaso
Chief
Executive Officer
Distribución
y Servicio D&S S.A.
cc.
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Santiago Stock Exchange
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Electronic
Stock Exchange of Chile
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Valparaíso
Stock Exchange
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SIGNATURES
Pursuant
to the requirements of the Securities Exchange Act of 1934, the registrant has
duly caused this report to be signed on its behalf by the undersigned, thereunto
duly authorized, in the city of Santiago, Chile.
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DISTRIBUCIÓN
Y SERVICIO D&S S.A.
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By:
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/s/ Alejandro
Droste B.
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Alejandro
Droste B.
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Chief
Financial Officer
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Dated: January
23, 2009
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