On July 21 a
Dutch newspaper (Het Financiele Dagblad) reported that AXA has
increased its stake in KLM to 22.5 percent. Furthermore, it suggested
that KLM has violated Dutch securities law. KLM wishes to inform the
public and its shareholders that this information is not correct.
Until 1999, under the Dutch Act on the Disclosure of Holdings in Listed
Companies (de Wet Melding Zeggenschap or WMZ), a party that held a stake
in a company of 5 percent or more, had to make a filing with such
company, that in turn was obliged to make a filing with the Securities
Board of the Netherlands (the Stichting Toezicht Effectenverkeer or
STE).
In the years 1996, 1997 and 1998, KLM received such filings for stakes
above 5 percent (but below 10 percent) from Equitable Companies Inc. on
behalf of Alliance Capital (an AXA affiliate). These filings were
submitted by KLM to the STE. The STE informed KLM that the shareholding
of AXA did not require reporting under the WMZ. According to the STE,
AXA was not a legal or beneficial shareholder; it held the shares for
the account of third parties.
Only last Friday, July 21, and after having contacted Alliance Capital,
KLM received a copy of a filing of AXA and seven of its affiliates with
the United States Securities and Exchange Commission (the SEC),
reporting an increase of the number of shares held to 11,637,368. These
shares are held by Alliance Capital Management LP, and Donaldson, Lufkin
& Jenrette Securities Corporation, and according to the filing, were
acquired solely for investment purposes on behalf of client
discretionary investment advisory accounts, and held for investment
purposes, respectively.
Since 1999, under the WMZ, filings to be made by a shareholder under the
WMZ need to be made by the shareholder to the STE directly with a copy
to the company.
Until today, KLM does not have knowledge of an AXA affiliate or any
third party for whom AXA holds such shares for five percent or more in
KLM. Since the filings were made with the SEC and under US security law,
KLM is reviewing further details of the filing. |