Securities and exchange fees
Washington DC 20549
Form 6-K
Foreign private issuer reporting
Pursuant to Rule 13a-16 or 15d-16 of
Securities Exchange Act of 1934
December 2022
Commission File No. 1-34129
CENTRAIS ELÉTRICAS BRASILEIRAS SA – ELETROBRÁS
(exact name of the registrant as stated in the Articles of Incorporation)
Brazil power company
(English translation of registrant’s name)
Rua da Kitanda, Floors 196-24,
Centro, CEP 20091-005,
Rio de Janeiro, RJ, Brazil
(Location of main secretariat)
A check mark indicates whether the registrant files or submits an annual report on Form 20-F or Form 40-F.
Form 20-F ___X___ Form 40-F _______
A check mark indicates whether by providing the information contained in this form, the registrant is providing information to the European Commission pursuant to Regulation 12g3-2(b) of the Securities Exchange Act of 1934.
Yes _______ No___X____
Announcement of corporate requirements
Centrais Elétricas BRASILEIRAS S/A
CNPJ: 00.001.180/0001-26 | Elm: 533.0000085-9
public company
Centrais Elétricas Brasileiras S/A (“Companhia” ou “Eletrobras”) (B3: ELET3, ELET5 & ELET6; NYSE: EBR & EBR.B; LATIBEX: XELT.O & XELT.B) Annex I to CVM Resolution 80 of 29 March 2022 Comply with, communicate to shareholders and the market generally the demands of the company to:
Names of parties involved in the process: |
Author: Furnas Employees Association (“ASEF”)
Defendants: Furnas – Centrais Elétricas SA (“Furnas”) and its parent company Eletrobras. |
process number |
0147166-62.2022.8.19.0001 |
Relevant values, goods, or rights: |
The case price was set at R$ 1,000.00 (1000 Reals). |
Demand date: |
June 05, 2022 (date recognized by the Company) |
Key Facts: |
(i) Madeira Energia SA (Mesa), signed in 2018, and (ii) suspending or canceling the general meeting of bondholders convened on 06.06.22. |
This document is not a statement of historical fact, but may contain estimates and projections that reflect the beliefs and expectations of our management and is governed by Section 27A of the Securities Act of 1933 (as amended). ) and may constitute projections and estimates of future events under Section 21E. The Securities Exchange Act of 1934, as amended. The words “believe,” “may,” “estimate,” “continue,” “predict,” “intend,” “expect,” and related words are used to identify known or unknown risks and uncertainties. It is intended to identify assumptions that entail certainty. Known risks and uncertainties include general economic, regulatory, political and commercial conditions in Brazil and abroad; changes in interest rates; real inflation and value; Including but not limited to: , competitive conditions, levels of debt, likelihood of receiving payments related to bonds, changes in rainfall and water levels in reservoirs used to operate hydroelectric power plants, plans for financing and capital expenditures, current and future government regulations. , and other risks described in our annual reports and other documents filed with CVM and the SEC. The estimates and projections speak only as of the date they were made, and we undertake no obligation to update these estimates or projections as a result of new information or the occurrence of future events. Future results of our businesses and initiatives may differ from our current expectations, and investors should not rely solely on the information contained herein. This article contains calculations that may not reflect exact results due to rounding.
Requests or Provisions Claimed: |
In summary, the author made the following requests:
• grant emergency relief of the expected nature; inaudita altera purseor, alternatively, the grant of interim injunctive relief to determine the immediate suspension of the general meeting of bondholders convened on 06.06.22;
• If the general meeting of bondholders is not interrupted in a timely manner, annulment of the actions taken will be required.
• Emergency relief of the expected nature is permitted. inaudita altera purseor, alternatively, to comply with the obligations set forth in MESA SA’s Shareholders’ Agreement signed in 2018, so that a disparaging demand for obligations to be performed is known and provided, provisional Injunctive relief is granted.
• Suspension or cancellation of contributions made as a result of capital increases executed and subscribed by Furnas, taking into account the risk of harm to minority shareholders and the Treasury.
• Alternatively, if capital contributions are not canceled or suspended, convene a new shareholders’ meeting of Furnas debenture holders, subject to relevant legal conditions and deadlines, and require the payment of capital upon approval of the new shareholders’ meeting of debenture holders. condition. , and in proportions established by agreement of the shareholders;
• Notice from the Securities and Exchange Commission suspending the request for automatic registration of the public offering of shares filed by Eletrobras until the deed is resolved.
• If necessary, send a subpoena from Furnas and Eletrobras to the address specified in the header to contest the action. |
judgement |
On 10.07.22, an honorary judge of the Capital District’s No. 7 Business Court rendered its judgment, which was posted on DJERJ on 11.25.22.
Judgment (i) extinguishes the act without settlement of the merits in accordance with Article 2; Pursuant to 485, IV, (ii) Art. of the Code of Civil Procedure (“CPC”), we have canceled its distribution. 290 of the CPC;
In accordance with the provisions of §§ 2 and 6 of Art. Under section 85 of the CPC, the plaintiff was ordered to reimburse each defendant for the payment of procedural and attorney fees incurred by the defendant at the level of her 10% of the renewal value of the cause. |
Rio de Janeiro, December 6, 2022.
Elvira Cavalcanti Presta
CFO and Investor Relations Officer
This document is not a statement of historical fact, but may contain estimates and projections that reflect the beliefs and expectations of our management and is governed by Section 27A of the Securities Act of 1933 (as amended). ) and may constitute projections and estimates of future events under Section 21E. The Securities Exchange Act of 1934, as amended. The words “believe,” “may,” “estimate,” “continue,” “predict,” “intend,” “expect,” and related words are used to identify known or unknown risks and uncertainties. It is intended to identify assumptions that entail certainty. Known risks and uncertainties include general economic, regulatory, political and commercial conditions in Brazil and abroad; changes in interest rates; real inflation and value; Including but not limited to: , competitive conditions, levels of debt, likelihood of receiving payments related to bonds, changes in rainfall and water levels in reservoirs used to operate hydroelectric power plants, plans for financing and capital expenditures, current and future government regulations. , and other risks described in our annual reports and other documents filed with CVM and the SEC. The estimates and projections speak only as of the date they were made, and we undertake no obligation to update these estimates or projections as a result of new information or the occurrence of future events. Future results of our businesses and initiatives may differ from our current expectations, and investors should not rely solely on the information contained herein. This article contains calculations that may not reflect exact results due to rounding.
sign
Subject to the requirements of the Securities Exchange Act of 1934, the registrant is duly acknowledged by the undersigned’s signature on this report.
Date: December 6, 2022
CENTRAIS ELÉTRICAS BRASILEIRAS SA – ELETROBRÁS |
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To: |
/S/ Elvira Barracuch Cavalcanti Presta |
|
Elvira Barracuch Cavalcanti Presta CFO and Investor Relations Officer |
Forward-Looking Statements
This press release may contain forward-looking statements. These statements are not statements of historical fact but are based on management’s current views and are projections of future economic and industry conditions and the Company’s performance and financial results. Words such as “anticipate,” “believe,” “estimate,” “expect,” and “plan” relate to the company and are intended to identify forward-looking statements. Statements regarding dividend declarations or payments, implementation of major operating and financing strategies, capital expenditure plans, future operating directions, and factors or trends affecting financial condition, liquidity or results of operations are forward-looking statements. This is an example of a forward-looking statement. Such statements reflect management’s current views and are subject to a number of risks and uncertainties. There is no guarantee that any anticipated event, trend or result will actually occur. The statements are based on a number of assumptions and factors, including general economic and market conditions, industry conditions and operational factors. Changes in such assumptions or factors could cause actual results to differ materially from current expectations.