0001493152-23-045826.txt : 20231222 0001493152-23-045826.hdr.sgml : 20231222 20231222080427 ACCESSION NUMBER: 0001493152-23-045826 CONFORMED SUBMISSION TYPE: 6-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20231222 FILED AS OF DATE: 20231222 DATE AS OF CHANGE: 20231222 FILER: COMPANY DATA: COMPANY CONFORMED NAME: SMX (Security Matters) Public Ltd Co CENTRAL INDEX KEY: 0001940674 STANDARD INDUSTRIAL CLASSIFICATION: MISC INDUSTRIAL & COMMERCIAL MACHINERY & EQUIPMENT [3590] ORGANIZATION NAME: 06 Technology IRS NUMBER: 000000000 STATE OF INCORPORATION: L2 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 6-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-41639 FILM NUMBER: 231507193 BUSINESS ADDRESS: STREET 1: MESPIL BUSINESS CENTRE, MESPIL HOUSE STREET 2: SUSSEX ROAD CITY: DUBLIN 4 STATE: L2 ZIP: D04 T4A6 BUSINESS PHONE: 353 1 920 1000 MAIL ADDRESS: STREET 1: MESPIL BUSINESS CENTRE, MESPIL HOUSE STREET 2: SUSSEX ROAD CITY: DUBLIN 4 STATE: L2 ZIP: D04 T4A6 FORMER COMPANY: FORMER CONFORMED NAME: Empatan Public Ltd Co DATE OF NAME CHANGE: 20220801 6-K 1 form6-k.htm

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM 6-K

REPORT OF FOREIGN PRIVATE ISSUER

PURSUANT TO RULE 13a-16 OR 15d-16 UNDER THE

SECURITIES EXCHANGE ACT OF 1934

For the month of December 2023

Commission File Number: 001-41639

SMX (SECURITY MATTERS) PUBLIC LIMITED COMPANY

(Exact Name of Registrant as Specified in Charter)

Mespil Business Centre, Mespil House

Sussex Road, Dublin 4, Ireland

Tel: +353-1-920-1000

(Address of Principal Executive Offices) (Zip Code)

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 ☒ Form 40-F ☐

The Annual General Meeting of Shareholders (the “General Meeting”) of SMX (Security Matters) Public Limited Company (the “Company”), originally scheduled for December 14, 2023, was adjourned to and was held on December 21, 2023. At the General Meeting, the Company’s shareholders voted on the following five proposals and cast their votes as described below. The proposals are described in more detail in the Company’s Notice of Annual General Meeting of Shareholders attached as Exhibit 99.1 to the Company’s Report on Form 6-K filed with the U.S. Securities and Exchange Commission on November 21, 2023.

Proposal 1: To re-elect Amir Bader as a member of the Company’s board of directors for a three-year term.

For		Against		Abstain
753,638		85,461		1,432

Proposal 2: To re-elect Thomas Hawkins as a member of the Company’s board of directors for a three-year term.

For		Against		Abstain
753,626		85,486		1,419

Proposal 3: To acknowledge the re-appointment of BDO Israel as the Company’s statutory auditor.

For		Against		Abstain
749,973		86,858		3,700

Proposal 4: To authorize the Company’s board of directors to fix the remuneration of the statutory auditor in line with agreed terms of engagement as approved by the audit committee of the board of directors.

For		Against		Abstain
751,101		85,366		4,064

Proposal 5: To amend the Company’s Equity Incentive Plan (the “Plan”) to increase the total number of ordinary shares of US$0.0022 each in the capital of the Company authorized to be issued to the employees (including executive officers), consultants and non-employee directors under the Plan by 1,500,000 ordinary shares to a total of 1,731,019 Ordinary Shares.

For		Against		Abstain
725,388		112,835		2,308

Accordingly, in accordance with Ireland law, Proposals 1, 2, 3, 4 and 5 each passed.

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: December 21, 2023

	SMX (SECURITY MATTERS) PUBLIC LIMITED COMPANY

	By:	/s/ Haggai Alon
	Name:	Haggai Alon
	Title:	Chief Executive Officer