The Board of Directors of IMS S.A. („Company”, „Issuer”) informs that today it received communication on bringing by OPERA Open Investment Fund with its registered office in Warsaw, Novo Open Investment Fund with its registered office in Warsaw and OPERA Specialist Open Investment Fund with its registered office in Warsaw, jointly represented by OPERA Towarzystwo Funduszy Inwestycyjnych S.A. with its registered office in Warsaw („Claimant”), to the Regional Court in Warsaw, 16th Commercial Division of an action to repeal pursuant to Article 422(1) of the Commercial Companies Code of resolution No.4 of the Extraordinary Shareholder Meeting of the Issuer of 31.07.2018 regarding the extension of the scope of authorisation of the Board of Directors of the Company to increase the share capital of the Company and at the same time to divest the existing Shareholders of their pre-emptive rights („Resolution No.4”) and resolution No. 5 of the Extraordinary Shareholder Meeting of the Issuer of 31.07.2018 regarding the amendment to the Articles of Association of the Company („Resolution No.5”) together with an application to suspend registration proceedings conducted regarding the above mentioned resolutions.
The text of the resolutions adopted by the Extraordinary Shareholder Meeting of the Issuer on 31.07.2018 was communicated to the public by means of Company’s current report No. 39/2018 of 31.07.2018.
In the opinion of the Board of Directors of the Company, the argumentation presented by the Claimant is not reflected in the actual state of affairs. In the case of judicial proceedings, the Board of Directors of the Company will take appropriate legal action so as to protect the legitimate interest of the Company.
Detailed legal basis:
Article 17(1)(10) of the Regulation on current and periodic information