June 25 this year witnessed the delivery of the lawsuit of John Van Kannel (minority shareholder holding 0.02% of the Company’s shares) to the registered office of Kredyt Inkaso SA regarding two resolutions voted at the General Meeting of Shareholders of 27 November 2020. The said lawsuit was filed to the Court in December last year and concerns claims in respect of which the District Court in Warsaw already decided to dismiss the motion to secure the shareholder’s claims. By fulfilling the information obligation, the Company announced the delivery of the lawsuit in the current report (No. 26/2021 of 25 June 2021).
Six months after its was received by the District Court in Warsaw, the petition of the minority shareholder (holding 0.02% of the Company’s shares), John Van Kannel, was delivered to the registered office of Kredyt Inkaso SA. In view of the necessity to fulfil the information obligation, the Company informed about this fact in the current report (No. 26/2021 of 25 June 2021). The lawsuit concerns a case that the Court already dealt with, and it does not affect the activities of the management bodies of Kredyt Inkaso SA.
For the record: John Van Kannel filed a lawsuit against the Company for ascertainment of invalidity of the adopted resolution of the General Meeting of Shareholders appointing Daniel Dąbrowski a member of the Company Supervisory Board. At the same time, he applied to the Court for establishing that a resolution dismissing Maciej Szymański from the position of the President of the Management Board was adopted at last year’s General Meeting of Shareholders. The content of the lawsuit also contained an application for securing the claim, which was eventually dismissed by the Court, and the Company informed about this fact in the current report No. 11/2021 of 29 April 2021. John Van Kannel based his lawsuit on the claim that WPEF VI Holding V B.V. had lost the right to vote as a result of improper notification on the acquisition of 61.48% of Kredyt Inkaso’s shares in a request in 2016.
To the best of the Company’s best knowledge, the then majority shareholder, i.e. WPEF VI Holding V B.V., being under the control of Waterland Private Equity Investments B.V., made a notification on the acquisition of 61.48% of shares of Kredyt Inkaso in a request in 2016 in a proper way consistent with the law and adopted standards. Expert opinions held by the Company are a confirmation thereof, prepared by reputable law firms, as well as an opinion of the Polish Financial Supervision Authority [KNF] of 4 April 2021. Based on them, the Company believes that Daniel Dąbrowski is incessantly a member of the Company Supervisory Board. The Company informed about its position in the current report (No. 4/2021) of 12 February 2021. The Court granted the arguments presented in the complaint and decided on 27 April 2021 to revoke the security for claims awarded to John Van Kannel.
Furthermore, on 24 May this year, during the last Extraordinary General Meeting of Kredyt Inkaso, convened at a request of the majority shareholder (Waterland Private Equity Fund VI Holding 5 B.V. being under the control of Waterland Private Equity Investments B.V. and holding 61.48% of the company’s shares), resolutions on election of members of the Supervisory Board were passed. The following persons were appointed members of this five-member body: Bogdan Dzudzewicz, Marcin Okoński, Daniel Dąbrowski, Karol Sowa and Karol Szymański.
Accordingly, the fact of delivering the lawsuit 6 months after its receipt by the Court does not affect the activities of the management bodies of Kredyt Inkaso SA.
About Kredyt Inkaso
Kredyt Inkaso was established in 2001 as a pioneer on the Polish market of debt management. Ever since, it has been constantly supporting companies and entrepreneurs in the recovery process, cooperating with banks, lenders, insurers and other entities from the consumer market. Kredyt Inkaso offers a wide range of services: from payment monitoring, through amicable collection, to court and enforcement processes.
Since 2007, Kredyt Inkaso has been present on the Warsaw Stock Exchange, and in 2018 it conducted the first public issue of bonds. In its activity, the Company follows the principle that the process of debt collection should be as easy and intelligent as possible, but first of all, it should be ethical – which is confirmed by Ethical Audit Certificates awarded annually by the Association of Financial Enterprises in Poland. The Company also pays attention to the issues related to corporate social responsibility and therefore is involved in educational or pro-social undertakings, among others.
