The Court grants the arguments of Kredyt Inkaso and removes the security for claims awarded to John Van Kannel in the case of two resolutions adopted at the General Meeting of Shareholders on 27 November 2020. Thereby, any and all limitations in the exercise of the function of the President of Kredyt Inkaso by Maciej Szymański and doubts as to the status of Daniel Dąbrowski in the Company Supervisory Board were removed.
The Regional Court in Warsaw, 26th Commercial Division grants the complaint of Kredyt Inkaso and removes the security for claims awarded to John Van Kannel (holding 0.02% of the Company’s shares), concerning two resolutions of the General Shareholders Meeting (GSM) of Kredyt Inkaso of 27 November 2020. The first one is the resolution adopted at the GSM appointing Daniel Dąbrowski a member of the Company Supervisory Board. The second one is the unadopted resolution on dismissal of the president of the Company Maciej Szymański from the position held.
For the record: John Van Kannel has filed a lawsuit against the Company for ascertainment of invalidity of the adopted resolution appointing Daniel Dąbrowski a member of the Company Supervisory Board. At the same time, he applied to the Court for a decision on whether the resolution dismissing Maciej Szymański from the function of the president was adopted at the GSM. John Van Kannel received from the Court a security for his claims on 15 January 2021. His lawsuit was based on a statement that Waterland Private Equity Fund VI Holding V B.V. (WPEF VI Holding V) lost the right to vote as a result of improper notification on acquisition of 61.48% of Kredyt Inkaso’s shares in a request in 2016.
In accordance with the Company’s best knowledge, the then majority shareholder, i.e. Waterland Private Equity Fund VI Holding V B.V., being under control of Waterland Private Equity Investments B.V., made a notification on 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 is of the opinion that Daniel Dąbrowski was 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 to remove the security for claims awarded to John Van Kannel on 15 April 2021.
– I am glad that the Court, after hearing the arguments of the other party, decided to remove the security for claims. I am also convinced that time will bring a final decision in the lawsuit of the minority shareholder in agreement with the position of Kredyt Inkaso and opinion of the Polish Financial Supervision Authority [KNF]. At the same time, it is worth emphasizing that any and all doubts related to the functioning of the Supervisory Board will be dispelled at the upcoming Extraordinary Shareholders Meeting which should finally bring this conflict to an end before the expected decision of the Court – said Maciej Szymański, president of Kredyt Inkaso.
The upcoming Extraordinary Shareholders Meeting was planned for 24 May 2021. It was convened in connection with a notification on acquisition by Waterland Private Equity Fund VI Holding 5 B.V. (being under control of Waterland Private Equity Investments B.V.) of 61.48% of the company’s shares along with a request to organize the Extraordinary General Meeting (EGM). At the same time, the agenda of the EGM included a point providing for voting on dismissal of all members of the Company Supervisory Board and re-appointment of members of this body.
Contact for media:
mail: press@kredytinkaso.pl
About Kredyt Inkaso
Kredyt Inkaso was established in 2001 as the pioneer on the Polish market of debt management. Since that time it has been constantly assisting companies and individuals in the process of debt recovery, cooperating with banks and insurance companies. Kredyt Inkaso offers a wide range of services: from monitoring payments, 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 recovery 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 charity undertakings.
Apart from Poland, Kredyt Inkaso Group is present in four countries: Bulgaria, Romania, Russia and Croatia.
