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 |
Yes o | No x |
On April 1, 2011 the Company published in the German electronic-Bundesanzeiger (Federal Gazette) the agenda and invitation for its 2011 Annual General Meeting (“AGM”) of Ordinary Shareholders. The agenda and invitation for the 2011 AGM have been posted on the Company’s web site,www.fmc-ag.com. The Company has also posted on its web site two reports referred to in the AGM invitation – the report of the Company’s Supervisory Board and the report of the Company’s general partner pursuant to § 289 ss. 4 and § 315 ss. 4 of the German Commercial Code. The Company furnished copies of the AGM agenda invitation and these reports on Form 6-K on April 1, 2011.
On April 11, 2011 the Depositary for the Company’s ordinary share and preference share American Depositary Receipts (“ADRs”) distributed to ADR holders (a) the AGM agenda and invitation, (b) a voting instruction card for ordinary share ADR holders and (c) the Report of the Company’s Supervisory Board. The materials distributed by the ADR Depositary also include certain additional information (the “Supplemental Information”) that the Company has agreed to distribute to its ADR holders pursuant to the Pooling Agreement among the Company, Fresenius Medical Care Management AG, the Company’s general partner, Fresenius SE and the Company’s independent directors designated in the Pooling Agreement. The Supplemental Information relates to (i) security ownership of certain beneficial owners of the Company; (ii) trading markets for the Company’s securities, (iii) directors and senior management of the Company; (iv) compensation of the Company’s management board and our supervisory board; (v) options to purchase the Company’s securities, and (vi) material transactions between the Company and its subsidiaries and directors, officers and controlling persons of the Company. The Company is furnishing the voting instruction card and the Supplemental Information with this report on Form 6-K.
The Company’s Annual Report on Form 20-F and the Company’s 2010 Annual Report have each been posted on the Company’s web site.
EXHIBITS
The following exhibits are being furnished with this Report:
Exhibit 99.1 Supplemental Information
Exhibit 99.2 Voting Instruction Card
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 11, 2011 | ||||
Fresenius Medical Care AG & Co. KGaA, | ||||
a partnership limited by shares, represented by: | ||||
fresenius medical care management ag, its | ||||
general partner | ||||
By: | /s/ Dr. Ben J. Lipps | |||
Name: | Dr. Ben J. Lipps | |||
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 |