Report of Foreign Issuer (6-k)
April 16 2015 - 10:51AM
Edgar (US Regulatory)
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 6-K
REPORT OF FOREIGN PRIVATE ISSUER
Pursuant to Rule 13a-16 or 15d-16 of the
Securities Exchange Act of 1934
For the month of April 2015
FRESENIUS MEDICAL CARE AG & Co. KGaA
(Translation of registrants name into English)
Else-Kröner Strasse 1
61346 Bad Homburg
Germany
(Address of principal executive offices)
Indicate by check mark whether the registrant files or will file annual reports under cover of Form 20-F or Form 40-F.
Form 20-F x Form 40-F o
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): o
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): o
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.
Yes o No x
If Yes is marked, indicate below the file number assigned to the registrant in connection with Rule 12g3-2(b): 82
On April 7, 2015 the Company published in the German -Bundesanzeiger (Federal Gazette) the invitation and agenda for its 2015 Annual General Meeting (AGM) of Shareholders to be held May 19, 2015.
Also on April 7, 2015, the Company furnished under cover of a Report on Form 6-K (the April 7 Form 6-K) convenience translations of the invitation and agenda for the 2015 AGM and the convenience translations of two other reports referred to in the AGM invitation the report of the Companys Supervisory Board and the report of the Companys General Partner pursuant to § 289 ss. 4 and § 315 ss. 4 of the German Commercial Code. The Company also furnished with the April 7 Form 6-K certain additional information (the Supplemental Information) that the Company has agreed to make available to its American Depositary Receipt (ADR) holders pursuant to the Pooling Agreement among the Company, the Companys General Partner, Fresenius SE & Co. KGaA, and the Companys independent directors designated in the Pooling Agreement. For a description of the contents of the Supplemental Information, see the April 7 Form 6-K. Copies of the invitation and agenda for the AGM, the respective additional reports of the Companys Supervisory Board and of the Companys General Partner pursuant to the German Commercial Code, and the Supplemental Information, have also been posted on the Companys web site, www.freseniusmedicalcare.com.
On or about April 16, 2015 the Depositary for the ADRs will distribute to ADR holders (a) the AGM invitation and agenda, (b) a voting instruction card for ADR holders and (c) the Report of the Companys Supervisory Board. The Company is now furnishing a copy of the voting instruction card with this Report on Form 6-K. The Company has also furnished the Supplemental Information to the ADR Depositary, which will provide copies of the Supplemental Information to ADR holders without charge upon request made to the Depositary.
The Companys Annual Report on Form 20-F and the Companys 2014 Annual Report have each been posted on the Companys web site.
EXHIBITS
The following exhibits are being furnished with this Report:
Exhibit 99.1 Voting Instruction Card for holders of ADRS.
2
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.
DATE: April 16, 2015
|
FRESENIUS MEDICAL CARE AG & Co. KGaA, |
|
a partnership limited by shares, represented by: |
|
|
|
FRESENIUS MEDICAL CARE MANAGEMENT AG, its |
|
general partner |
|
|
|
|
|
|
By: |
/s/ RICE POWELL |
|
|
|
|
|
|
Name: |
Rice Powell |
|
|
|
|
|
|
Title: |
Chief Executive Officer and |
|
|
|
Chairman of the Management Board |
|
|
|
of the General Partner |
|
|
|
|
|
|
By: |
/s/ MICHAEL BROSNAN |
|
|
|
|
|
|
Name: |
Michael Brosnan |
|
|
|
|
|
|
Title: |
Chief Financial Officer and |
|
|
|
Member of the Management Board |
|
|
|
of the General Partner |
3
Exhibit 99.1
|
81757 Fresenius
Medical Plan VIF Proof 7 Ordinary General Meeting of Fresenius Medical Care
AG & Co. KGaA Date: May 19, 2015 See Voting Instructions On Reverse Side.
Please make your marks like this: xUse pen only Mark, sign and date your Voting
Instruction Form. Detach your Voting Instruction Form. Return your Voting
Instruction Form in the postage-paid envelope provided. MAIL Please Sign Here
Please Date Above Please Sign Here
Please Date Above · Please separate carefully at the perforation and return
just this portion in the envelope provided. · Authorized Signatures - This
section must be completed for your instructions to be executed. EVENT #
CLIENT # Ordinary General Meeting of Fresenius Medical Care AG & Co. KGaA
to be held May 19, 2015 For Holders as of April 9, 2015 All votes must be
received prior to 5:00 p.m. New York City Time May 6, 2015. Copyright © 2015
Mediant Communications LLC. All Rights Reserved PROXY TABULATOR FOR FRESENIUS
MEDICAL CARE AG & CO. KGAA P.O. BOX 8016 CARY, NC 27512-9903 Directors
Recommend For Against Abstain 1. Resolution on the approval of the annual
financial statements of Fresenius Medical Care AG & Co. KGaA for fiscal
year 2014 2. Resolution on the allocation of distributable profit 3. Resolution
on the approval of the actions of the General Partner for fiscal year 2014 4.
Resolution on the approval of the actions of the Supervisory Board for fiscal
year 2014 5. Election of the auditor and consolidated group auditor for
fiscal year 2015 6. Resolution on the amendment of section 2 (1) lit. a) of
the Articles of the Company (Objects of the business) 7. Resolution on the
cancellation of the existing authorized capitals, on the creation of new
authorized capitals including the possibility of the exclusion of
subscription rights as well as on corresponding amendments to section 4 (3)
and (4) of the Articles of the Company 8. Resolution on the cancellation of
section 8 (1) sentence 3 of the Articles of the Company (majority required
for the election of the members of the Supervisory Board of the Company)
81757 Fresenius Medical Plan VIF_Layout 1 3/31/15 4:30 PM Page 1
|
|
81757 Fresenius
Medical Plan VIF Proof 7 FRESENIUS MEDICAL CARE AG & Co. KGaA
Instructions to The Bank of New York Mellon, as Depositary Bank (Must be
received prior to 5:00 p.m. New York City time on May 6, 2015) The
undersigned registered holder of one or more American Depositary Receipts
(Receipts) of Fresenius Medical Care AG & Co. KGaA (the Company)
hereby requests and instructs The Bank of New York Mellon, as Depositary
Bank, to vote or cause to be voted in accordance with the instructions marked
on the reverse side hereof, the number of shares of the Company represented
by such Receipt(s) registered in the name of the undersigned on the books of
the Depositary Bank as of the close of business on April 9, 2015, at the
Ordinary General Meeting of Shareholders of Fresenius Medical Care AG &
Co. KGaA to be held on May 19, 2015, in respect of the agenda items specified
in the accompanying invitation. The Depositary Bank shall not vote or attempt
to exercise the voting right attached to the shares or other deposited
securities other than in accordance with the specific voting instruction from
an owner prior to the instruction date. As provided in the Receipts, if no
specific voting instruction is received from an owner prior to the
instruction date, that owner shall be deemed to have instructed the
Depositary Bank to give a proxy to the custodian, which will act as the proxy
bank in accordance with section 135 of the German Stock Corporation Act, to
vote in accordance with the recommendation with regard to voting of the
shares pursuant to section 135 (3) of the German Stock Corporation Act as to
any matter concerning which the notice from the Company indicates that a vote
is to be taken by holders of shares. PROXY TABULATOR FOR FRESENIUS MEDICAL
CARE AG & CO. KGAA P.O. Box 8016 CARY, NC 27512-9903 81757 Fresenius
Medical Plan VIF_Layout 1 3/31/15 4:30 PM Page 2
|
Fresenius Medical Care (NYSE:FMS)
Historical Stock Chart
From Mar 2024 to Apr 2024
Fresenius Medical Care (NYSE:FMS)
Historical Stock Chart
From Apr 2023 to Apr 2024