Grupo Elektra Will Convene an Extraordinary Shareholders Meeting to Consider the Convenience to Continue with Its Global Deposit
May 02 2005 - 10:57PM
PR Newswire (US)
Grupo Elektra Will Convene an Extraordinary Shareholders Meeting to
Consider the Convenience to Continue with Its Global Depository
Shares Program MEXICO CITY, May 2 /PRNewswire-FirstCall/ -- Grupo
Elektra S.A. de C.V. ("The Company"; BMV: ELEKTRA*; NYSE: EKT;
Latibex: XEKT), Latin America's leading specialty retailer,
consumer finance and banking and financial services company,
announced today that it will submit to the consideration of an
extraordinary shareholders meeting the convenience to continue with
its Global Depository Shares (GDSs) program in the United States
with shares listed in the New York Stock Exchange (NYSE). The
Company considers that renowned cases of regulatory default in
recent months, such as Worldcom, Enron, Adelphia, Parmalat, etc.
created an over-regulation in the stock exchanges of the United
States. Through this, issuers have had to distract time and
resources to comply with an excessive regulation, which have been
taken away from an efficient management of the business. For
foreign issuers in stock exchanges of the United States,
over-regulation considerably increases current costs and expenses,
along with legal risks, and the attached benefits are very
questionable. As a result of this, the shareholders meeting of
Grupo Elektra will consider the impact of the costs upon its
business, as well as the current and future benefits of its GDSs
program. If the shareholders meeting decides to terminate the GDSs
program, the Company would disclose it to investors and would send
a communication of this decision to Bank of New York (BONY). In
terms of section 6.02 of the Deposit Agreement signed with BONY,
the Company can choose to terminate it. This contract can be
accessed in documents filed by the Company with the Securities
& Exchange Commission (SEC). Such termination would be notified
to GDS's holders 30 days in advance to its termination. If the
shareholders meeting decides to terminate the GDSs program: a) the
Company would immediately communicate this decision to both BONY
and NYSE; b) BONY would communicate it to holders of GDSs; c) the
Company would proceed to modify its F-6 format (GDSs Registry),
reducing the issuance of GDSs to zero; and d) the Company would
file its amended F-6 form with the SEC. Given the case, the market
of GDSs would continue during the next 30 days after the
termination of the Deposit Agreement. During that period, GDS's
holders could continue to exchange them for common shares listed in
the Mexican Stock Exchange (BMV). Once the Deposit Agreement is
terminated, the NYSE should suspend the market for the exchange of
GDSs, should notify the SEC about the termination of the program,
and the SEC should request a delisting of the GDSs in the NYSE. In
case that the delisting from the NYSE were to happen, the SEC would
make it public. In that case, GDS's holders would have two options
during the period of time determined by the shareholders meeting:
1) Give instructions to BONY to exchange its GDSs into common
shares, or 2) exchange their GDSs into common shares and sell those
in the Mexican market. If there are less than 300 holders who are
residents of the United States, the Company could ask the SEC to
cancel the registry of the GDSs. In that case, the reporting
obligations and other regulatory issues applicable to US stock
exchanges would cease to apply to the Company. We must highlight
that the registry with the SEC and the listing with the NYSE are
two independent acts, and as such, in case of an eventual delisting
from the NYSE, the Company would continue complying with its
reporting obligations towards the SEC, for as long as its registry
with this authority is maintained. The market for shares in Mexico
and the United States will remain in place until the shareholders
meeting decides about it. If the shareholders meeting decides not
to terminate the GDSs program, the Company would maintain its
outstanding stock in the US market as it is today, and GDS's
holders would maintain the same rights they currently possess. In
any case, the Company will timely disclose to investors the
relevant events that take place. Except for historical information,
the matters discussed in this press release are forward-looking
statements and are subject to certain risks and uncertainties that
could cause actual results to differ materially from those
projected. Risks that may affect Grupo Elektra are identified in
its Form 20-F and other filings with the US Securities and Exchange
Commission. Grupo Elektra -- Tradition with Vision Grupo Elektra is
Latin America's leading specialty retailer, consumer finance and
banking services company. Grupo Elektra sells retail goods and
services through its Elektra, Salinas y Rocha, Bodega de Remates
and Elektricity stores and over the Internet. The Group operates
more than 1,000 stores in Mexico, Guatemala, Honduras and Peru.
Grupo Elektra also sells and markets its consumer finance, banking
and financial products and services through its more than 1,440
Banco Azteca branches located within its stores, as a stand-alone,
and in other channels in Mexico and Panama. Banking and financial
services include consumer credit, personal loans, money transfers,
extended warranties, savings accounts, term deposits, pension-fund
management and insurance. Investor and Press Inquiries: Esteban
Galindez, CFA Director of Finance and I.R. Grupo Elektra S.A. de
C.V. Tel. +52 (55) 1720-7819 Fax. +52 (55) 1720-7822 DATASOURCE:
Grupo Elektra S.A. de C.V. CONTACT: Esteban Galindez, CFA, Director
of Finance and I.R. of Grupo Elektra S.A. de C.V.,
+52-55-1720-7819, Fax: +52-55-1720-7822, Web site:
http://www.grupoelektra.com.mx/
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