Votes Previously Cast By Non-Korean Institutions Through Usual Procedures
May Not Be Voted
SEOUL, SOUTH KOREA, October 25 /CNW/ - Dong-A Pharmaceutical Co., Ltd
(000640 KS) today advised non-Korean shareholders may need to use an
alternative voting procedure to ensure their shares are voted at the October
Dong-A has just discovered that due to a technicality the Korean
Securities Depository (KSD), through which most foreign investors vote in
Korea, will not execute voting instructions delivered by the foreign
investors' agents to the KSD where the foreign shareholder did not instruct a
uniform vote FOR or AGAINST all nominees.
There is, however, an alternative procedure by which non-Korean investors
that wish to instruct differently on each nominee can bypass the KSD and have
their shares voted at the EGM. Under the alternative procedure, institutional
owners need to notify their global custodian, or voting agent, to instruct
their local custodian to execute a proxy card on which the local (sub)
custodian states the institutional owner's name as it appears on the company's
list of shareholders on the September 27 record date, the number of shares
voting and how they are to be voted. The local (sub) custodian will then
deliver the executed proxy card to one of the individuals named on the card to
vote the shares at the EGM.
A memorandum from Shin & Kim, Dong-A's counsel, outlining the alternative
voting procedure and its validity under Korean law, as well as other
information regarding the EGM, can be found at www.protectdonga.com.
No other documents need to be submitted by the institutions, global
custodians, voting agents or local custodians in order to vote at the EGM
under the alternative procedure. Dong-A will accept as valid votes all proxy
cards executed in accordance with the alternative procedure and delivered
prior the EGM.
Proxy cards executed by the local custodians are limited to voting the
shares in the manner marked thereon and provide no authority to vote on any
other matter or to take any other action with respect to the shares
represented on the proxy cards.
Institutional holders that had previously instructed FOR or AGAINST all
nominees should not re-cast their vote using the alternative procedure as it
may render their vote invalid.
Institutional holders that plan to utilize the alternative voting
procedure should contact their global custodian, or voting agent, as soon as
possible to ensure that there is sufficient time to have their votes validly
cast at the EGM.
Questions concerning the alternative voting procedure should be directed
to our agent, Innisfree M&A Incorporated, as follows:
London: Julie Selby -- +44 (0)20 7710 9960
New York: Arthur B. Crozier --+1 212 750 5833
For further information:
For further information: Dong-A Pharm. Co., Ltd. Theodore Kim,