2017 REGISTRATION DOCUMENT
BOURBON 2017 Registration Document 214 OTHER LEGAL AND FINANCIAL INFORMATION 6 Information regarding the Company A request for payment of the dividend in shares must be made within a time period set by the meeting, which may not exceed three months from the date of the meeting. No dividends may be claimed back from shareholders, unless distribution was performed in violation of legal provisions and the Company deems that beneficiaries were aware of the irregular nature of this distribution at the time, or could not have been aware thereof, given the circumstances. Where applicable, claims for refund are limited to three years after the payment of these dividends. Any dividends not claimed within five years of their release for payment are lapsed. The Ordinary General Meeting may, on the recommendation of the Board of Directors, decide that the dividend shall be paid in kind. For the first time, for payment of the dividend to be distributed for the fiscal year ending December 31, 2017 and determined by the Annual Shareholders’ Meeting called in 2018, any shareholder who proves that his or her shares, as of the end of the fiscal year, have been held in registered form for at least two years and have remained in such form through the dividend payment date for such year, shall benefit from an increase in the dividend on such registered shares equal to 10% of the dividend paid on the other shares, including in the case of payment of dividends in new shares, with the dividend thus being increased, if necessary, and rounded to the closest lower euro cent. Moreover, any shareholder who proves, as of the end of a fiscal year, that his or her shares have been registered for at least two years and who maintains the shares in registered form through the completion date of a capital increase by incorporation of reserves, profits, or premiums, through the issuance of bonus shares, shall benefit from an increase in the number of bonus shares distributed equal to 10%, such number being rounded to the closest lower number in the event of fractional shares. The new shares thus created shall be assimilated with the old shares on which they are based for purposes of calculating increased dividend rights and grants. The number of shares eligible for these increases may not exceed, for a given shareholder, 0.5% of the share capital as of the dividend payment date. In the case of a dividend payment in shares or of a distribution of bonus shares, all of such shares shall be immediately assimilated with the shares previously held by the shareholder for the purposes of the increased dividend or distribution of bonus shares. However, if there are fractional shares: 3 in the event of an option to pay dividends in shares, a shareholder satisfying the legal conditions may pay the balance in cash to obtain an additional share; 3 in the case of a grant of bonus shares, rights forming fractional shares due to the increase shall not be negotiable, and the corresponding shares shall be sold, with the proceeds of the sale being allocated to the holders of such rights no later than 30 days following the date on which the number of whole shares granted to them is registered in their account. 1.11 PURCHASE BY THE COMPANY OF ITS OWN SHARES (See management report – section 7.3.1 “Share buyback program”). 1.12 MODIFICATION OF SHAREHOLDER RIGHTS The rights of shareholders as provided for in the Company’s bylaws may be modified only by the Extraordinary General Meeting of Shareholders. 1.13 CHANGE OF CONTROL There are no provisions in the bylaws that could have the effect of delaying, deferring, or preventing a change of control of the issuer. 1.14 FORMOF SHARES (EXTRACT FROM ARTICLES 9 AND 9 BIS OF THE BYLAWS) Shareholders may chose to hold their shares in registered or bearer form. They give rise to registration in account pursuant to the terms and conditions provided for by laws and regulations. The Company has the right, pursuant to applicable laws and regulations, to ask the central depositary at any time, at its own expense, for the name and date of birth, or, in the case of legal entities, the company name and date of incorporation, as well as the nationality, postal address and e-mail address (if any) of the holders of securities giving current or future rights to vote at Shareholders’ Meetings, as well as the number of securities held by each such person and, if applicable, the restrictions applicable to such shares. 1.15 INDIVISIBILITY OF SHARES – RIGHTS AND OBLIGATIONS ATTACHED TO SHARES (EXTRACT FROM ARTICLE 11 OF THE BYLAWS) The shares are indivisible as regards the Company. Subject to provisions regarding the increased dividend, which will enter into effect for the first time with respect to payment of the dividend for the year ended December 31, 2017, each share will give the right to profits and corporate assets in proportion to the percentage of the share capital that it represents. In the absence of an agreement to the contrary notified to the Company, beneficial owners ( usufruitiers ) of shares validly represent bare owners (nus propriétaires) vis-à-vis the Company. However, the voting right at Extraordinary General Meetings belongs to the bare owner.
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