The Management Board of Kredyt Inkaso S.A. with its registered office in Warsaw („Company”), in reference to current reports no. 3/2021 and no. 4/2021, hereby informs that the Company has become aware today that the Regional Court in Warsaw, XXVI Commercial Division („Court”) issued a decision of 27.04.2021 („Decision”) amending – as a result of taking into account the complaint submitted by the Company on 22.02.2021 („Complaint”) – decision of the Court of 15.01.2021 on granting collateral for claims („Collateral”) of the Shareholder against the Company for annulment of the resolution and determination of the existence of another resolution of the Ordinary General Meeting of the Company of 27 November 2020 („Ordinary General Meeting”), which were covered by objections submitted by the Shareholder in accordance with the information provided by the Company in the current report no. 27/2020, as amended on 7 December 2020 („Proceedings”).
The court changed the decision contested by the Complaint in such a way that it rejected the above Shareholder’s application for securing claims in its entirety, resulting in the collapse of the Collateral, which during its term consisted in:
(i) prohibiting the President of the Management Board of the Company i.e. Mr Maciej Jerzy Szymański („President of the Management Board”) from undertaking any actions and activities as part of the Company’s representation and conducting its affairs – to the extent exceeding the ordinary Management Board, until the final completion of the Proceedings;
(ii) prohibiting, until the final completion of the Proceedings, the disposal of rights and the incurring of obligations on behalf of the Company exceeding the amount of PLN 500,000: (i) the Management Board of the Company, if it acts with the participation of the President of the Management Board, and, (ii) the President of the Management Board acting jointly with the Company’s proxy;
(iii) suspending the enforceability of resolution of the Ordinary General Meeting no. 38/2020 on the appointment of Mr Daniel Dąbrowski as part of the Supervisory Board of Kredyt Inkaso S.A. for a new term of office.
The decision is final and shall have legal effect at the time of its issuance. The issuance of the Decision means that the Collateral has definitely failed and is not in force. Therefore, it follows from the fact that the Decision was issued that:
1) The President of the Management Board may exercise his/her full powers;
2) there are no grounds for questioning that Mr Daniel Dąbrowski, from the date of appointment by way of OGM’s resolution no. 38/2020, remains a continuous member of the Supervisory Board of the Company, comprising five persons;
3) the proper functioning of the Supervisory Board of the Company does not suffer any disruptions and may exercise any and all its powers, having the capacity to adopt resolutions, in accordance with the provisions of the Code of Commercial Companies, the Articles of Association of the Company and the Rules of Procedure of the Supervisory Board.
At the same time, the Company points out that so far it has not been served with a copy of the lawsuit initiating the Proceedings.
