EX-99.1 2 ex99_1.htm EXHIBIT 99.1

 

Exhibit 99.1

 

 Fresenius Medical Care
AG & Co. KGaA 		 Shareholder motions
All counter motions and proposals for election on specific items on the agenda are to be addressed to
   
Fresenius Medical Care AG & Co. KGaA
-Investor Relations-
Else-Kröner-Straße 1
61352 Bad Homburg v. d. H.
Germany
   
(Telefax: +49 (0)6172-609-2301)
or via email to: ir@fmc-ag.de
   
We will publish counter motions and electoral proposals made by shareholders that must be made accessible and are submitted to one of the aforementioned addresses by April 25, 2012 (24:00 hours CEST) on the web at http://www.fmc-ag.com/AGM2012.htm

 

 

 

 

 

 

WO# XXXXX        
▼  FOLD AND DETACH HERE  ▼
       
    Please mark your votes as
indicated in this example		   S

 

        FOR     AGAINST     ABSTAIN             FOR     AGAINST     ABSTAIN    
                             
  1. Resolution on the approval of the annual financial statements of Fresenius Medical Care AG & Co. KGaA for fiscal year 2011   ¨ ¨ £   6. Amendment to Section 12 (2) sentence 2 of the Articles (composition of the Audit and Corporate Governance Committee)   ¨ ¨ ¨  
                           
  2.  Resolution on the allocation of distributable profit    ¨ ¨ ¨   7** Resolution(s) added upon shareholder request pursuant to Section 122 (2) German Stock Corporation Act (Aktiengesetz), if any   ¨ ¨ ¨  
                             
  3. Resolution on the approval of the actions of the General Partner   ¨ ¨ ¨                
                             
  4. Resolution on the approval of the actions of the members of the Supervisory Board   ¨ ¨ ¨                
                             
  5. Election of the auditors and consolidated group auditors for fiscal year 2012   ¨ ¨ ¨                
                           
               

**Note: According to Section 122 (2) German Stock Corporation Act, shareholders might under certain circumstances request the addition of agenda items. The deadline for filing such a request is April 9, 2012 (24:00 hours CEST). You can view the current version of the agenda here: http://www fmc-ag.com/AGM2012.htm

  
                             
                This will allow you to ascertain whether or not any agenda items have been added at all.  
                             
               

Alternatively, if you do not have access to the internet, you may wish to call 1800-555-2470 in order to request a hard copy of the revised agenda (if applicable).

  
                   

 

        Mark Here for  
    RESTRICTED SCAN LINE AREA   Address Change
or Comments		 o
         
SEE REVERSE
  
  NOTE: Please sign as name appears hereon. Joint owners should each sign. When signing as attorney, executor, administrator, trustee or guardian, please give full title as such.
   
Signature____________________________ Signature _____________________________ Date ______________

 

 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

▼  FOLD AND DETACH HERE  ▼

 

FRESENIUS MEDICAL CARE AG & Co. KGaA

Instructions to The Bank of New York Mellon, as Depositary

(Must be received prior to 5:00 p.m. New York City time on April 30, 2012)

 

The undersigned registered holder of one or more American Depositary Receipts (“Receipts”) of Fresenius Medical Care AG & Co. KGaA (the “Company”) representing ordinary shares hereby requests and instructs The Bank of New York Mellon, as Depositary, to vote or cause to be voted in accordance with the instructions marked on the reverse side hereof, the number of ordinary shares of the Company represented by such Receipt(s) registered in the name of the undersigned on the books of the Depositary as of the close of business on March 30, 2012, at the Annual General Meeting of Shareholders of Fresenius Medical Care AG & Co. KGaA to be held on May 10, 2012, in respect of the agenda items specified in the accompanying invitation.

 

The Custodian has recommended that ordinary shares be voted “FOR” each of the resolutions #1 to #6 set forth in the accompanying invitation. As for agenda item #7 (only applicable in case of agenda additions pursuant to Section 122 (2) German Stock Corporation Act), the Depositary shall not vote or attempt to exercise the voting right attached to the shares or other deposited securities other than in accordance with the specific voting instruction from an Owner prior to the Instruction Date. As provided in the Receipts, if no specific voting instruction is received from an Owner prior to the Instruction Date, that Owner shall be deemed to have instructed the Depositary to give a proxy to the Custodian, which will act as the proxy bank in accordance with Section 135 of the German Stock Corporation Act, to vote in accordance with the Recommendation with regard to voting of the Shares pursuant to Section 135 (3) of the German Stock Corporation Act as to any matter concerning which the notice from the Company indicates that a vote is to be taken by holders of shares.

 

Address Change/Comments

(Mark the corresponding box on the reverse side)

    
     
  THE BANK OF NEW YORK MELLON
  PO BOX 3549
  S HACKENSACK NJ 07606-9249
     
     
(Continued and to be marked, dated and signed, on the other side)
    WO# XXXXX