Food Lion 2002 Annual Report Download - page 76

74 |Delhaize Group |Annual Report 2002
Information for ADR Holders
ADSs (American Depositary Shares), each representing one ordinary
share of Delhaize Group, are traded on the New York Stock Exchange
under the symbol DEG. ADSs are evidenced by American Depositary
Receipts (ADRs). The Delhaize Group ADR program is governed by
a deposit agreement binding upon Delhaize Group, The Bank of New
York and the holders of ADRs. This program is administrated by:
The Bank of New York
Shareholder Relations
P.O. Box 11258
Church Street Station
New York, N.Y. 10286-1258, U.S.A.
Toll free tel # for U.S. callers: 1-877-853-2191
Non-U.S. callers can call: 1-610-312-5315
e-mail: [e-mail]
web sites: www.adrbny.com
www.stock.bankofny.com
For further information on ADRs, please see the ADR section on
Delhaize Group’s website www.delhaizegroup.com.
The Bank of New York has put in place a Global BuyDIRECT Plan
for Delhaize Group, which is a direct purchase and sale plan for
depositary receipts, including a dividend reinvestment plan (DRIP).
Questions or correspondence about Global BuyDIRECT should be
addressed to The Bank of New York.
Taxation of Dividends of Delhaize Group Shares
It is assumed that, for the purpose of domestic Belgian tax legislation
and the U.S.-Belgian tax treaty, owners of Delhaize Group ADRs are
treated the same as owners of Delhaize Group shares and that the
ADRs are treated as Delhaize Group shares. However, it must be
noted that this assumption has not been confirmed or verified with the
Belgian Tax Administration.
For Belgian income tax purposes, the gross amount of all distribu-
tions made by Delhaize Group to its shareholders (other than repay-
ment of paid-up capital in accordance with Belgian Law) is general-
ly taxed as dividends. All dividends that are paid on the shares are
subject to a 25% withholding tax.
For U.S. individuals and corporations not holding the shares through
a permanent establishment or a fixed base, withholding tax is retained
also at the rate of 25% subject to the reductions or exemptions pro-
vided for by Belgian law or by the U.S.-Belgian tax treaty. Such with-
holding tax is normally the final tax in Belgium.
For dividends paid by Delhaize Group to a U.S. holder of ADRs who
is not holding the shares through a permanent establishment or a fixed
base and is entitled to claim benefits under the U.S.–Belgian tax
treaty, the withholding tax is reduced from 25% to 15%. If he/she
holds at least 10% of the voting rights, a reduced withholding tax rate
of 5% is applicable.
Although there are exceptions, in general the full Belgian with-
holding tax must be withheld by Delhaize Group or the paying
agent, and the U.S. holder may make a claim for reimbursement
for amounts withheld in excess of the treaty rate. The reimburse-
ment claim form (Form 276 Div.-Aut.) can be obtained from the
Bureau Central de Taxation/Bruxelles-Etranger, 10 place
J. Jacobs, B-1000 Brussels, Belgium / Centraal Taxatie-kan-
toor/Brussel-Buitenland, 10 J. Jacobsplein, B-1000 Brussels,
Belgium. The form should be completed in duplicate and sent to
the relevant foreign tax department with the request that one copy
be appropriately stamped and returned to the sender. The U.S.
holder can then obtain reimbursement from the Bureau Central de
Taxation/Centraal Taxatiekantoor, at the same address, upon pres-
entation of the stamped form and a document proving that the div-
idend has been cashed. The request for reimbursement must be
filed with the Bureau Central de Taxation/Centraal Taxatiekantoor
within three years from January 1 of the year following the year in
which the dividend was declared payable.
Prospective holders should consult their own tax advisors as to
whether they qualify for the reduced withholding tax upon payment
of dividends, and as to the procedural requirements for obtaining a
reduced withholding tax upon the payment of dividends or for mak-
ing claims for reimbursement.
Annual Report
This annual report is available in English, French and Dutch.
It can also be downloaded from Delhaize Group’s website:
www.delhaizegroup.com. A printed or electronic version may be
ordered via the same website or directly from the Delhaize Group
investor relations team (see contacts at the end of this section).
Since Delhaize Group is subject to the reporting requirements of the
U.S. Securities and Exchange Commission (SEC) governing foreign
companies listed in the U.S., an annual report will be filed with the
SEC. This document will be available from the SEC’s EDGAR data-
base at www.sec.gov/edgarhp.htm.
General Meeting of Shareholders
The next General Meeting of Shareholders will take place on
Thursday, May 22, 2003 at Delhaize Group’s Brussels headquarters,
rue Osseghemstraat 53, 1080 Brussels, Belgium. Detailed information
about the shareholders meeting is published in the Belgian
newspapers L’Echo and De Financieel-Economische Tijd, as well as
in the Belgian Official Gazette.