6-K
Fresenius Medical Care AG (FMS)
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 November
Commission file number: 001-32749
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 ¨
EXHIBITS
The following exhibits are being furnished with this Report:
| Exhibit 99.1 | Convenience translation of the announcement pursuant to sections<br>246 para. 4 sentence 1, 249 para. 1 sentence 1 German Stock Corporation Act. |
|---|
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: November 13, 2023
| Fresenius Medical Care AG & Co. KGaA, | |
|---|---|
| a partnership limited by shares, represented by: | |
| fresenius medical care management ag, its | |
| General Partner | |
| By: | /s/ Helen Giza |
| Name: | Helen Giza |
| Title: | Chief Executive Officer, Chair of the Management Board of the General Partner and Acting Chief Financial Officer |
| By: | /s/ Martin Fischer |
| Name: | Martin Fischer |
| Title: | Chief Financial Officer and member of the Management Board of the General Partner |
Exhibit 99.1
Fresenius Medical Care AG & Co. KGaA
Hof
ISIN: DE0005785802 // WKN: 578580
ISIN: US3580291066 // CUSIP: 358029106
Announcementpursuant to
sections 246 para. 4 sentence 1, 249 para. 1 sentence 1
German Stock Corporation Act (Aktiengesetz)
Pursuant to sections 246 para. 4 sentence 1, 249 para. 1 sentence 1 German Stock Corporation Act (Aktiengesetz), we announce that another action for contestation and annulment (Anfechtungs- und Nichtigkeitsklage) has been filed against the resolution adopted at the extraordinary general meeting of Fresenius Medical Care AG & Co. KGaA on July 14, 2023 regarding agenda item 1 (resolution on the conversion of the company into the legal form of a stock corporation). This action has been filed before the Regional Court of Frankfurt a.M. (LandgerichtFrankfurt a.M.), 5^th^ Chamber for Commercial Matters (5. Kammer für Handelssachen), and has been pending (ist rechtshängig) under file number 3-05 O 539/23 since November 3, 2023.
Hof, this November 2023
Fresenius Medical Care AG & Co. KGaA
TheGeneral Partner
Fresenius Medical Care Management AG
The Management Board