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 September
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 exhibit is being furnished with this Report:
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: September 6, 2023
| Fresenius Medical<br> Care AG & Co. KGaA, <br><br> a partnership limited by shares, represented by: | |
|---|---|
| fresenius medical<br> care management ag, <br><br> 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/ Dr. Katarzyna Mazur-Hofsäß |
| --- | --- |
| Name: | Dr. Katarzyna Mazur-Hofsäß |
| Title: | CEO Care Enablement 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
Announcement pursuant to sections 246 para.4 sentence 1, 249 para. 1 sentence 1 German Stock Corporation Act (Aktiengesetz – AktG)
Pursuant to sections 246 para. 4 sentence 1, 249 para. 1 sentence 1 German Stock Corporation Act (Aktiengesetz – AktG), we announce that an 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). Based on the motions filed by the plaintiffs, it is unclear whether the action is also directed against the resolution of the Extraordinary General Meeting regarding agenda item 2 (Resolution on the election of the members of the supervisory board of Fresenius Medical Care AG). The action has been filed before the Regional Court of Nuremberg-Fürth (Landgericht Nürnberg-Fürth), Chamber for Commercial Matters (Kammer für Handelssachen), and is pending under file number 1 HK O 4610/23.
The court has ordered written preliminary proceedings.
Hof, this September 2023
Fresenius Medical Care AG & Co. KGaA
The General Partner
Fresenius Medical Care Management AG
The Management Board