Exclusive Networks: Date of Payment of the Exceptional Distribution Approved by Shareholders on October 31, 2024
10 Dezembro 2024 - 4:00AM
Business Wire
Regulatory News:
Exclusive Networks (Euronext Paris: EXN), a global leader in
cybersecurity, announces its decision to proceed to the payment, on
December 16, 2024, of the exceptional distribution of a final
amount of €484,935,812.941, approved by the shareholders at the
Ordinary General Meeting held on October 31, 2024, corresponding to
a distribution of €5.29 per share, following the ex-coupon date set
for December 12, 2024.
As announced at the Ordinary General Meeting, the exceptional
distribution will be allocated: (i) in priority to the “Other
Reserves” account, until consumption, i.e. €53,676,521.01,
corresponding to €0.59 per share on the basis of 91,670,286 shares
constituting the share capital as at October 31, 2024 and (ii) the
residual amount will be allocated to the “Share Premium” account,
i.e. €431,259,291.931, corresponding to €4.70 per share on the
basis of 91,670,286 shares constituting the share capital as at
October 31, 2024.
It should be noted that, pursuant to the interim financial
statements over the period from January 1, 2024, until October 31,
2024, the interim accounting net result of Exclusive Networks SA
realized does not exceed the amount of accumulated retained losses
as of the end of the fiscal year 2023 (i.e. € -9,887,602.48).
Under the current French tax legislation and subject to any
subsequent legislative changes, the portion of the exceptional
distribution allocated to the “Other reserves” account, i.e. €0.59
per share, will be treated for French tax purposes as an ordinary
dividend and will be subject to the tax regime applicable to
investment income (“revenus de capitaux mobiliers”):
- as regards the individual shareholders who are French tax
residents and who do not hold their shares in a stock savings plan
(“plan d’épargne en actions”), this fraction of the gross
distribution amount will be subject to a 30% flat tax levied on the
gross amount of the distribution, which breaks down into a levy at
the rate of 12.8% for income tax purposes and social levies at an
overall rate of 17.2%. By way of express and irrevocable election
exercised when filing their tax return, individual French taxpayers
may opt to globally subject their investment income, including this
exceptional distribution, to the progressive scale of the personal
income tax instead of the 30% flat tax, in this case, the taxable
portion of the exceptional distribution will benefit from a 40%
allowance;
- as regards legal entities that are French tax residents and
subject to corporate income tax, the taxable portion of the
exceptional distribution is in principle subject to corporate
income tax under standard conditions. Subject to compliance with
certain conditions, shareholders holding at least 5% of the
Company’s share capital may be, under the so-called
“parent-subsidiary” regime (régime mère-fille), exempt from
corporate income tax on this revenue, subject to the add-back of a
lump-sum corresponding to 5% of the amount of the income
distributed;
- as regards non-French tax resident shareholders, and subject to
the exemptions provided for, in particular, in articles 119 bis 2°
and 119 ter of the French Tax Code, the taxable portion of the
exceptional distribution will be subject to the withholding tax
referred to in article 119 bis of the French Tax Code, levied, on a
case by case basis, at the rates set out in article 187 of the
French Tax Code, which may also be reduced or removed in
application of the double tax treaty concluded between France and
the State of residence in which the relevant beneficiary is
resident for tax purposes.
The residual portion of the exceptional distribution allocated
to “Share premium” account, i.e. €4.70 per share, will be treated
in France, as a tax exempt return of capital, pursuant to the
provisions of Article 112, 1° of the French tax code, in the
absence of undistributed profits and reserves on balance sheet,
other than the legal reserve:
- as regards French tax resident shareholders, individuals and
legal entities subject to corporate income tax, this tax-exempt
amount should reduce the acquisition / subscription price or the
fiscal value in case of subsequent sale of Exclusive Networks
shares;
- as regards non-French tax resident shareholders, this return of
capital will not be subject to any withholding tax in France.
The summary of the French tax regime applicable to the
exceptional distribution is provided for information purposes only.
The shareholders should consult with their own tax advisor to
determine the tax regime applicable in their particular case.
This decision follows the announcement, on November 20, 2024, by
Clayton Dubilier & Rice LLP (CD&R) and Everest UK Holdco
(an entity controlled by the Permira funds) that the consortium
they are forming with the company's founder, Olivier Breittmayer
has obtained all the regulatory approvals necessary to complete the
acquisition, through a dedicated company controlled by CD&R and
Permira, of a majority stake in Exclusive Networks SA.
Information on the exceptional distribution voted on October 31,
2024 at the Annual General Meeting is available on the “Annual
General Meeting” page of the Exclusive Networks Group website
https://ir.exclusive-networks.com/agm/ordinary-general-meeting/.
About Exclusive Networks
Exclusive Networks (EXN) is a global cybersecurity specialist
that provides partners and end-customers with a wide range of
services and product portfolios via proven routes to market. With
offices in over 45 countries and the ability to serve customers in
over 170 countries, we combine a local perspective with the scale
and delivery of a single global organisation.
Our best-in-class vendor portfolio is carefully curated with all
leading industry players. Our services range from managed security
to specialist technical accreditation and training and capitalize
on rapidly evolving technologies and changing business models. For
more information visit www.exclusive-networks.com.
1 Maximum theoretical amount calculated based on a total number
of 91,670,286 shares as at October 31, 2024. In practice, the
treasury shares held by Exclusive Networks SA (i.e., at October 31,
2024, 1,013,232 shares in the aggregate) will not give right to the
exceptional distribution, the underlying non-distributed amount
remaining allocated at the “Share premium” account.
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EXCLUSIVE NETWORKS CONTACTS Investors
& Analysts Nicolas Leroy Global Communications
Director ir@exclusive-networks.com Media FTI Consulting Emily Oliver /
Jamie Ricketts +33 (0)6 28 73 45 15
exclusivenetworks@fticonsulting.com
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