Noticias

  • Public Limited Company Registration in the Securities Register

    Right of Withdrawal
    Communication to the shareholders of Agencias Universales S.A. (“AGUNSA”) that on September 5 of 2019, the controlling shareholder, Grupo Empresas Navieras S.A. (“GEN”), acquired 145.600.401 shares, representing 17,03% of AGUNSA capital. As a result of the aforementioned, GEN owns 838.793.342 shares of AGUNSA, equivalent to 98,09% of the total shares. According to the stipulation in article 71, Law N° 18.046, Law of Anonymous Societies (“LSA”), that a controlling party acquires more than 95% of the shares in an open anonymous society, it provides them the right to withdraw the remaining shares of the minority shareholders, which must be exercised within a maximum of 30 days from the date in which the controlling shareholder has reached the indicated participation.
    Concerning the above, the following can be reported:
    Shares: The right of withdrawal must be exercised for the total number of shares that the shareholder had registered under their name by the date in which the right of withdrawal is determined, and when the decision to withdraw was communicated to the company.
    In the case of entities authorized to keep custody of shares on behalf of third parties, but in their own name, they may exercise the right of withdrawal for a number less than the number of shares in custody, in order to comply with the different instructions it receives from its constituents, in accordance with the provisions of article 179 from law N° 18.045. At the moment of exercising the right of withdrawal, the aforementioned entities must declare that the right is exercised with respect to beneficiary constituents who would have complied with the previously indicated requirement, had they not chosen to keep the shares in custody.
    Term: The right to withdrawal can be exercised within 30 days commencing from September 5th of 2019, term that expires on October 4th of 2019.
    Communication: The shareholder will exercise their right to withdraw through written communication, indicating that it relates to “Exercise in the right to withdraw,” stating clearly and willingness to withdraw as a result of the percentage of ownership reached by the controlling shareholder, through one of the following means:
    a. By certified letter sent to AGUNSA’s address, at Urriola 87, 2nd Floor, Valparaiso, or
    b. By written presentation addressed to the General Manager, delivered to the office of the company’s management, which for this purpose is situated at Urriola 87, 4th Floor, Valparaiso or at Avenida Andres Bello 2687, 16th Floor, Las Condes, Santiago, from Monday to Friday, 09:00 to 17:00.
    The written communication must be accompanied with the shareholders ID, both sides, in the even that the shareholder personally attends the presentation, and in the case that the shareholder attends by proxy or representative, it must be accompanied by a legalized copy of the document that provides the delegation the powers that enables them to represent on behalf of the shareholder, with a simple copy of the ID of the delegate or representative.
    For the purposes of computing the corresponding deadlines, the date for the exercise of the right will be considered as the date of receipt of the communication by the company. If said communication is sent by certified letter, the date of receipt to be considered will be the third business day following its delivery to the office.
    Price: The price per share to be paid by the AGUNSA shareholder who validly exercise the right to withdrawal, will be the market value of the share, amounting to $182,31 per share. This value has been calculated in accordance with the provision of article 132 N° 3 of the Regulations of Corporations. IN accordance with the above, and considering that AGUNSA is an open stock company, with a stock market presence, the value of the share will be the average of the stock price for the period of 60 stock market days between the thirtieth and ninetieth business day prior to the date of the withdrawal.
    Payment: In accordance with the relevant legal provisions, payment of the price will be made within the 60 days following the expiration date of the period to exercise the withdrawal, without surcharge of any kind, according to the payment registered for dividends, in the event that there is no other method stipulated in the withdrawal communication.
    To receive the payment, the shareholders who hold the titles must deliver them to the offices at Urriola 87, 4th Floor, Valparaiso or Avenida Andres Bello 2687, 16th Floor, Las Condes, Santiago, from Monday to Friday, 09:00 to 17:00. This is essential and a precondition for making the correspondent payment of these shares.
    The General Manager

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