Reported on October 30, 2007 - Recently, Foshan Lighting's board of directors reviewed the three quarterly reports, two directors voted against the report because the company disclosed the largest shareholder Osram Prosperity Holdings Co., Ltd. in the third quarterly report ( The following "Osram Prosperity" was criticized by the Shenzhen Stock Exchange for violating the share reform commitment.
Foshan Lighting announced yesterday that the above two directors are Martin Goetzeler and Francis Michael Piscitelli, both of whom were nominated by Osram Yuchang and stunned by the shareholders' meeting.
Foshan Lighting said that according to the memorandum on equity transfer and share reform signed on February 16, 2006, Osram Prosperity promised: "In the four years after the completion of the share-trading reform and share transfer, the profit distribution proposal will be proposed at Foshan Lighting Annual General Meeting. And voted in favor, the proportion of profit distribution in the proposed distribution proposal is not lower than 65% of the distributable profits realized by Foshan Lighting in the year."
However, Osram Yuchang did not propose a plan for the profit distribution of the company in 2006 to the Foshan Lighting Shareholders' Meeting, and abstained from voting on the distribution plan of the profit distribution ratio in accordance with the promised shareholder meeting in May 2007. In response to this behavior, the Shenzhen Stock Exchange issued the “Regulatory Concern Letter†in August 2007, requesting Osram Prosperity to submit a statement on its implementation of the share reform commitment. Osram Yuchang submitted a statement to the Shenzhen Stock Exchange in September, but failed to get approval from the Shenzhen Stock Exchange. To this end, the Shenzhen Stock Exchange subsequently issued a "Regulatory Letter", arguing that Osram Prosperity violated the aforementioned commitments and criticized its actions.
It is reported that the Foshan Lighting Board of Directors reviewed the three quarterly reports on October 26 and disclosed in the report: "Osram Prosperity at the 2006 Annual General Meeting of the Company held on May 23 this year, the company found 5 yuan for every 10 shares proposed by the company. And the transfer of the transfer of 3 shares was abstained, contrary to the promise of voting in favor, and was concerned and criticized by the Shenzhen Stock Exchange. Osram Yuchang made a written explanation to the Shenzhen Stock Exchange. The company disclosed its failure to fulfill its commitments. ."
However, the above two directors entrusted lawyers to object to the above disclosure and proposed to amend the quarterly report disclosure. And clearly stated, "If the language we propose is not adopted, then we will regret to vote against the resolution of the board of directors."
Foshan Lighting believes that the above disclosure of the company meets the requirements of the Shenzhen Stock Exchange. For the language application issues emphasized by the two directors, the relevant provisions clearly stipulate that "if there is any inconsistency between the provisions of the Chinese text and the provisions of the English text, the Chinese version shall prevail."
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