Home Consolidated Financial Statements Notes 24. Shareholders’ equity

24. SHAREHOLDERS’ EQUITY

SUBSCRIBED CAPITAL

Development of subscribed capital

In the course of the acquisition of HUMAINE Kliniken GmbH in the third quarter of 2006, the subscribed capital was increased against contribution in kind in an amount of € 903,884.80 by issuing 176,540 bearer ordinary shares and 176,540 bearer preference shares in the fourth quarter of 2006. The registration of the capital increase in the commercial register took place on November 17, 2006.

On December 4, 2006, at the Extraordinary General Meeting, Fresenius AG’s shareholders approved a new division of the subscribed capital in connection with a capital increase from the Company’s funds. The registration in the commercial register took place on January 24, 2007. Through a conversion of capital reserves, the subscribed capital was first increased by € 22,638,568.48 to € 154,353,876.00 and then divided into 77,176,938 ordinary shares and 77,176,938 preference shares. The new proportionate amount of the subscribed capital is € 1.00 per share. (See Note 1.II, Conversion of Fresenius AG into a European Company (SE) and new division of the subscribed capital.)

During the fiscal year 2007, 810,894 stock options were exercised.

Accordingly, at December 31, 2007, the subscribed capital of Fresenius SE was divided into 77,582,385 bearer ordinary shares and 77,582,385 non-voting bearer preference shares. The shares are issued as non-par value shares.

Notification by shareholders

The Else Kröner-Fresenius-Stiftung notified Fresenius SE on December 28, 2007, that it holds 46,582,692 ordinary shares of Fresenius SE representing 60.04% of the voting rights.

Fidelity International, with its registered office in Great Britain, Tadworth, has notified Fresenius SE in the name of and on behalf of FIL Limited, Hamilton, Bermuda, which changed its name from Fidelity International Limited to FIL Limited with effect from February 1, 2008, pursuant to Section 21 (1) of the German Securities Trading Act (WpHG) of the following: On February 4, 2008, FIL Limited exceeded the thresholds of 3% and 5% of the voting rights in Fresenius SE, Else-Kröner-Strasse 1, 61352 Bad Homburg v. d.H., Germany. On that date, FIL Limited held 6.03% of the voting rights in Fresenius SE arising from 4,675,538 voting rights. All voting rights in Fresenius SE were attributed to FIL Limited pursuant to section 22 (1) sentence 1 No. 6 WpHG.