Report of Foreign Issuer Pursuant to Rule 13a-16 or 15d-16 (6-k)
07 Dezember 2022 - 12:03PM
Edgar (US Regulatory)
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 6-K
Report of Foreign Private Issuer
Pursuant to Rule 13a-16 or 15d-16 of the
Securities Exchange Act of 1934
For the month of December, 2022
Commission File Number 1-34129
CENTRAIS ELÉTRICAS BRASILEIRAS S.A.
- ELETROBRÁS
(Exact name of registrant as specified in its
charter)
BRAZILIAN ELECTRIC POWER COMPANY
(Translation of Registrant's name into English)
Rua da Quitanda, 196 – 24th floor,
Centro, CEP 20091-005,
Rio de Janeiro, RJ, Brazil
(Address of principal executive office)
Indicate by check mark whether the registrant
files or will file annual reports under cover Form 20-F or Form 40-F.
Form 20-F ___X___ Form 40-F _______
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____
ANNOUNCEMENT OF CORPORATE DEMANDS
CENTRAIS ELÉTRICAS
BRASILEIRAS S/A
CNPJ: 00.001.180/0001-26 | NIRE: 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) in compliance with Annex I of CVM Resolution 80 of March 29, 2022, communicates to its shareholders and the market in general,
the following corporate demand:
Name of parties involved in the process: |
Author: Furnas Employees Association (“ASEF”)
Defendants: Furnas - Centrais Elétricas S.A. (“Furnas”) and its
parent company, Eletrobras. |
Process no. |
0147166-62.2022.8.19.0001 |
Values, goods or rights involved: |
The value of the case was set at R$ 1,000.00 (one thousand reais). |
Demand date: |
June 05, 2022 (date on which the company became aware) |
Main Facts: |
This is an acknowledgment action with condemnatory requests for
obligations to do aiming at (i) compliance with the obligations of the shareholders agreement of Madeira Energia S.A (MESA), signed
in 2018, and (ii) the suspension or annulment of the general meeting of debenture holders called for 06.06.22.
|
This document may contain estimates and forecasts
that are not statements of fact that occurred in the past but reflect our management beliefs and expectations and may constitute future
events' forecasts and estimates under Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities and Exchange
Act of 1934, as amended. The words "believe", "may", "estimate", "continue", "anticipate",
"intend", "expect" and related words are intended to identify estimates that necessarily involve risks and uncertainties,
known or unknown . Known risks and uncertainties include, but are not limited to: general economic, regulatory, political and commercial
conditions in Brazil and abroad, changes in interest rates, inflation and value of the Real, changes in volumes and the pattern of use
of electricity by consumer, competitive conditions, our level of indebtedness, the possibility of receiving payments related to our receivables,
changes in rainfall and water levels in the reservoirs used to operate our hydroelectric plants, our financing and capital investment
plans, existing and future government regulations , and other risks described in our annual report and other documents filed with CVM
and SEC. Estimates and forecasts refer only to the date they were expressed and we assume no obligation to update any of these estimates
or forecasts due to the occurrence of new information or future events. Future results of the Company's operations and initiatives may
differ from current expectations and the investor should not rely solely on the information contained herein. This material contains calculations
that may not reflect accurate results due to rounding.
Request or provision claimed: |
In summary, the Author
made the following requests:
• the granting of emergency relief of an anticipated
nature, inaudita altera pars, or alternatively, the granting of provisional injunctive relief, in order to determine the immediate
suspension of the general meeting of debenture holders, convened for 06.06.22;
• if there is no timely suspension of the general
meeting of debenture holders, it requires the annulment of any acts performed;
• emergency relief of an anticipated nature is
granted, inaudita altera pars, or, alternatively, that provisional injunctive relief is granted, so that the condemnatory requests
for obligations to do are known and provided, in order to comply with the obligations listed in the agreement of shareholders of MESA
S.A, signed in 2018;
• suspension or cancellation of the contribution
made as a result of the capital increase carried out and subscribed by Furnas in view of the risk of damage to minority shareholders and
the treasury;
• alternatively, if the capital contribution
is not canceled or suspended, the holding of a new general meeting of debenture holders of Furnas, under the relevant legal terms and
deadlines, conditioning the payment of capital to the approval of the new general meeting of debenture holders, and in the established
proportion by the shareholders' agreement;
• notification from the Securities and Exchange
Commission to suspend the request for automatic registration of the public offering of primary distribution of shares filed by Eletrobras,
until the deed is resolved;
• summons from Furnas and Eletrobras, at the
addresses provided in the header, in order to contest the action, if desired. |
Judgment |
On 10.07.22, the Honorable Judge of the 7th Business Court of
the District of the Capital issued a sentence, published in the DJERJ on 11.25.22.
Judgment (i) extinguished the act, without resolution of the
merits, pursuant to art. 485, IV, of the Code of Civil Procedure (“CPC”), (ii) canceled its distribution, pursuant to art.
290, of the CPC and (iii) revoked the preliminary decision on pages 217-218.
Pursuant to the provisions of §§ 2 and 6, of art. 85
of the CPC, the plaintiff was ordered to reimburse the procedural expenses incurred by the defendants, as well as the payment of attorney
fees, to each of the defendants, at the level of 10% on the updated value of the cause. |
Rio de Janeiro, December 06, 2022.
Elvira Cavalcanti Presta
CFO and Investor Relations Officer
This document may contain estimates and forecasts
that are not statements of fact that occurred in the past but reflect our management beliefs and expectations and may constitute future
events' forecasts and estimates under Section 27A of the Securities Act of 1933, as amended, and Section 21E of the Securities and Exchange
Act of 1934, as amended. The words "believe", "may", "estimate", "continue", "anticipate",
"intend", "expect" and related words are intended to identify estimates that necessarily involve risks and uncertainties,
known or unknown . Known risks and uncertainties include, but are not limited to: general economic, regulatory, political and commercial
conditions in Brazil and abroad, changes in interest rates, inflation and value of the Real, changes in volumes and the pattern of use
of electricity by consumer, competitive conditions, our level of indebtedness, the possibility of receiving payments related to our receivables,
changes in rainfall and water levels in the reservoirs used to operate our hydroelectric plants, our financing and capital investment
plans, existing and future government regulations , and other risks described in our annual report and other documents filed with CVM
and SEC. Estimates and forecasts refer only to the date they were expressed and we assume no obligation to update any of these estimates
or forecasts due to the occurrence of new information or future events. Future results of the Company's operations and initiatives may
differ from current expectations and the investor should not rely solely on the information contained herein. This material contains calculations
that may not reflect accurate results due to rounding.
SIGNATURE
Pursuant to the requirements of the
Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto
duly authorized.
Date: December 6, 2022
CENTRAIS ELÉTRICAS BRASILEIRAS S.A. - ELETROBRÁS |
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By: |
/S/ Elvira
Baracuhy Cavalcanti Presta
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Elvira Baracuhy Cavalcanti Presta
CFO and Investor Relations Officer |
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FORWARD-LOOKING STATEMENTS
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 offuture
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.
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