Fresenius Medical Care AG & Co. KGaA (FMS)
Filed: 29 Jun 18, 12:25pm
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 June 2018
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 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 June 29, 2018, Fresenius Medical Care AG & Co. KGaA (the “Company”) filed a prospectus for approval with the Commission de Surveillance du Secteur Financier (“CSSF”) for a €10 billion debt issuance program (“Program”). The notes issued under the Program will be guaranteed by Fresenius Medical Care Holdings, Inc. (“FMCH”) and the Company has filed the audited consolidated financial statements of FMCH as of and for the years ended December 31, 2017 and 2016 with the CSSF. These audited consolidated financial statements are available on the website of the Luxembourg Stock Exchange (“LSE”). The Company has also posted the audited consolidated FMCH financial statements on the Company’s website.
The FMCH financial statements are being filed solely to comply with the requirements of Form 6-K and the Securities and Exchange Commission Rule 13a-16. Any notes under the Program may not be offered or sold in the United States of America (“US”) absent registration under the US Securities Act of 1933, as amended, or an exemption from registration. Further, any notes under the Program will not be offered for sale in the US or to “US persons” (as defined in Regulation S under the US Securities Act of 1933, as amended).
EXHIBITS
The following exhibits are being furnished with this Report:
Exhibit 99.1 |
| Audited consolidated financial statements of Fresenius Medical Care Holdings, Inc. and subsidiaries as of and for the years ended December 31, 2017 and 2016. |
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: June 29, 2018
| FRESENIUS MEDICAL CARE AG & Co. KGaA, | ||
| a partnership limited by shares, represented by: | ||
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| FRESENIUS MEDICAL CARE MANAGEMENT AG, its | ||
| General Partner | ||
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| By: | /s/ RICE POWELL | |
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| Name: | Rice Powell |
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| Title: | Chief Executive Officer and Chairman of the Management Board of the General Partner |
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| By: | /s/ MICHAEL BROSNAN | |
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| Name: | Michael Brosnan |
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| Title: | Chief Financial Officer and Member of the Management Board of the General Partner |