FMS Fresenius Medical Care AG

 

 

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 September

Commission file number: 001-32749

 

FRESENIUS MEDICAL CARE AG & Co. KGaA

(Translation of registrant's 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 ¨

 

 

 

EXHIBITS

 

The following exhibit is being furnished with this Report:

 

Exhibit 99.1

Convenience translation of the announcement published by Fresenius Medical Care AG & Co. KGaA in the Bundesanzeiger (German Federal Gazette) pursuant to sections 246 para. 4 sentence 1, 249 para. 1 sentence 1 German Stock Corporation Act (Aktiengesetz - AktG).

 

 

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: September 6, 2023

	Fresenius Medical Care AG & Co. KGaA, a partnership limited by shares, represented by:
	fresenius medical care management ag, its General Partner

 

	By:	/s/ Helen Giza
	Name:	Helen Giza
	Title:	Chief Executive Officer, Chair of the Management Board of the General Partner and Acting Chief Financial Officer

 

	By:	/s/ Dr. Katarzyna Mazur-Hofsäß
	Name:	Dr. Katarzyna Mazur-Hofsäß
	Title:	CEO Care Enablement and member of the Management Board of the General Partner

 

 

 

Exhibit 99.1

 

Fresenius Medical Care AG & Co. KGaA

 

Hof

 

ISIN: DE0005785802 // WKN: 578580

ISIN: US3580291066 // CUSIP: 358029106

 

Announcement pursuant to sections 246 para. 4 sentence 1, 249 para. 1 sentence 1 German Stock Corporation Act (Aktiengesetz – AktG)

 

Pursuant to sections 246 para. 4 sentence 1, 249 para. 1 sentence 1 German Stock Corporation Act (Aktiengesetz – AktG), we announce that an action for contestation and annulment (Anfechtungs- und Nichtigkeitsklage) has been filed against the resolution adopted at the Extraordinary General Meeting of Fresenius Medical Care AG & Co. KGaA on July 14, 2023 regarding agenda item 1 (Resolution on the conversion of the Company into the legal form of a stock corporation). Based on the motions filed by the plaintiffs, it is unclear whether the action is also directed against the resolution of the Extraordinary General Meeting regarding agenda item 2 (Resolution on the election of the members of the supervisory board of Fresenius Medical Care AG). The action has been filed before the Regional Court of Nuremberg-Fürth (Landgericht Nürnberg-Fürth), Chamber for Commercial Matters (Kammer für Handelssachen), and is pending under file number 1 HK O 4610/23.

 

The court has ordered written preliminary proceedings.

 

Hof, this September 2023

 

Fresenius Medical Care AG & Co. KGaA

 

The General Partner

Fresenius Medical Care Management AG

 

The Management Board

 

 

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