Indicate by check mark whether the registrant by furnishing the information contained in this Form 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____
COMPANHIA SIDERÚRGICA NACIONAL
Publicly-held Company
Corporate Taxpayer’s ID (CNPJ/MF): 33.042.730/0001-04
Company Registry (NIRE): 35-3.0039609.0
MATERIAL FACT
Pursuant to article 2 of CVM Instruction 358, Companhia Siderúrgica Nacional (“CSN”) hereby informs its shareholders and the market in general that on April 27, 2016, the Council for Economic Defense (“CADE”), Brazil’s antitrust authority, decided to grant CSN the one-off right to exercise its political rights regarding Usinas Siderúrgicas de Minas Gerais S.A. (“USIMINAS”), which had been fully suspended due to a previous decision by CADE and the signature of the Performance Commitment Term within the scope of the monopolistic act nº 08012.009198/2011-21, regarding the acquisition by CSN of an equity stake in USIMINAS.
In view of the decision issued today, CSN will be allowed to participate in USIMINAS’ Annual Shareholders’ Meeting of April 28, 2016, exclusively to elect two members of the Board of Directors and one member of the Fiscal Council, as well as their respective alternates. A representative of CADE is expected to monitor said Annual Shareholders’ Meeting in order to ensure the procedure's correctness and CSN’s exercise of its political rights within the limit of CADE’s decision.
The candidates approved by CADE are (i) Gesner José Oliveira Filho, (ii) Ricardo Antonio Weiss, (iii) Derci Alcantara (alternate) and (iv) Sonia Julia Sulzbeck Villalobos (alternate) for the Board of Directors, and (v) Wagner Mar and (vi) Pedro Carlos de Mello (alternate) for the Fiscal Council. The Board members appointed by CSN shall sign a term of commitment with CADE and maintain full independence from CSN.
CADE’s decision is in line with the agency’s purpose of maintaining the financial health of USIMINAS, one of Brazil’s largest steelmakers, as well as ensuring a healthy competitive environment in the domestic steel market.
São Paulo, April 27, 2016.
Paulo Rogério Caffarelli
Investor Relations Officer
COMPANHIA SIDERÚRGICA NACIONAL | |
By: |
/S/ Benjamin Steinbruch
|
Benjamin Steinbruch
Chief Executive Officer |
| |
By: |
/S/ Paulo Rogério Caffarelli
|
Paulo Rogério Caffarelli
Executive Officer |
This press release may contain forward-looking statements. These statements are statements that are not historical facts, and are based on management's current view and estimates of future economic circumstances, industry conditions, company performance and financial results. The words "anticipates", "believes", "estimates", "expects", "plans" and similar expressions, as they relate to the company, are intended to identify forward-looking statements. Statements regarding the declaration or payment of dividends, the implementation of principal operating and financing strategies and capital expenditure plans, the direction of future operations and the factors or trends affecting financial condition, liquidity or results of operations are examples of forward-looking statements. Such statements reflect the current views of management and are subject to a number of risks and uncertainties. There is no guarantee that the expected events, trends or results will actually occur. The statements are based on many assumptions and factors, including general economic and market conditions, industry conditions, and operating factors. Any changes in such assumptions or factors could cause actual results to differ materially from current expectations.