-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, RwuulaPDpEkMVq2n8rAoEO4yGi9KCP/u9VpoB0C5ylgZcSkzoe9Wzg7wz09nc7dV h9kwYRoXU1f5tYe4X2Zrjg== 0000893750-09-000076.txt : 20090211 0000893750-09-000076.hdr.sgml : 20090211 20090211163712 ACCESSION NUMBER: 0000893750-09-000076 CONFORMED SUBMISSION TYPE: 6-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20090211 FILED AS OF DATE: 20090211 DATE AS OF CHANGE: 20090211 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ANDINA BOTTLING CO INC CENTRAL INDEX KEY: 0000925261 STANDARD INDUSTRIAL CLASSIFICATION: BOTTLED & CANNED SOFT DRINKS CARBONATED WATERS [2086] IRS NUMBER: 000000000 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 6-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-13142 FILM NUMBER: 09590201 BUSINESS ADDRESS: STREET 1: AVENIDA EL GOLF 40, PISO 4 STREET 2: LAS CONDES CITY: SANTIAGO CHILE STATE: F3 ZIP: 00000 BUSINESS PHONE: 5623380520 MAIL ADDRESS: STREET 1: AVENIDA EL GOLF 40, PISO 4 STREET 2: LAS CONDES CITY: SANTIAGO STATE: F3 ZIP: 00000 6-K 1 form6k.htm FORM 6-K Form 6-K



UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

 

__________________________

 

FORM 6-K

 

__________________________

REPORT OF FOREIGN ISSUER

PURSUANT TO RULE 13a-16 OR 15b-16 OF

THE SECURITIES EXCHANGE ACT OF 1934

 

February 2009

Date of Report (Date of Earliest Event Reported)

__________________________

Embotelladora Andina S.A.

(Exact name of registrant as specified in its charter)

Andina Bottling Company, Inc.

(Translation of Registrant´s name into English)

 

Avda. El Golf 40, Piso 4

Las Condes

Santiago, Chile

(Address of principal executive office)

 


Indicate by check mark whether the registrant files or will file annual reports
under cover Form 20-F or Form 40-F. 
Form 20-F ___X___ Form 40-F _______

Indicate by check mark if the Registrant is submitting this Form 6-K in paper as
permitted by Regulation S-T Rule 101(b)(1):
Yes _______ No ___X____

Indicate by check mark if the Registrant is submitting this Form 6-K in paper as
permitted by Regulation S-T Rule 101(b)(7):
Yes _______ No ___X____

Indicate by check mark whether the registrant by furnishing the information contained in this Form 6-K is also thereby furnishing the information to the
Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934
Yes _______ No ___X____



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DISCLOSURE OF RELIANCE ON RULE 10A-3 EXEMPTION



     Salvador Said Somavía was appointed to the Audit Committee of Embotelladora Andina S.A. (the “Company”), by the Regular Meeting of the Board of Directors of the Company held on April 22, 2008, replacing José Antonio Garcés Silva (Junior), as duly informed by the Form 6K filed with the Securities and Exchange Commission on April 23, 2008.


     The Company discloses that, with respect to the current membership of Mr. Said and the previous membership of Mr. Garcés Silva on the Company’s Audit Committee, it has relied on the exemption from the independence requirements provided by Rule 10A-3(b)(1)(iv)(D) of the Securities and Exchange Act of 1934, as amended (the “Exchange Act”). Pursuant to Rule 10A-3(b)(1)(iv)(D), a director who is either an affiliate or a representative of an affiliate of the listed company may serve as a member of the audit committee to the extent the director is not a voting member or chairperson of the audit committee and to the extent that neither the director nor the affiliate the director represents is an executive officer of the listed company.


     Mr. Said meets, as did Mr. Garcés Silva for the duration of his membership, the requirements of Rule 10A-3(b)(1)(iv)(D) because he (i) is a representative of the controlling shareholder of the Company, Inversiones Freire S.A.; (ii) has only observer status on the audit committee of the Company; and (iii) is not an executive officer of the Company.


     The Company’s reliance on the exemption provided by Rule 10A-3(b)(1)(iv)(D) of the Exchange Act would not materially adversely affect the ability of the audit committee of the Company to act independently.






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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, in the city of Santiago, Chile.


                                 

EMBOTELLADORA ANDINA S.A.

                                      


                                 

By: /s/ Osvaldo Garay

                                 

Name:   Osvaldo Garay

                                 

Title:    Chief Financial Officer

Santiago, February 11, 2009



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