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___
Investor Relations | |
(55 61) 415-1140 | |
ri@brasiltelecom.com.br | |
www.brasiltelecom.com.br/ri/ | |
Media Relations | |
(55 61) 415-1378 | |
cesarb@brasiltelecom.com.br |
Free Translation
BRASIL TELECOM PARTICIPAÇÕES S.A.
Corporate Tax Payer Registration 02.570.688/0001 -70
Board of Trade 53 3 0000581 - 8
Publicly Held Company
MATERIAL FACT
Brasil Telecom Participações S.A. (BTP or the Company) (BOVESPA: BRTP3/BRTP4; NYSE: BRP), in compliance with Article 157 of Brazilian Corporate Law 6,404/76 and Instruction 358/2002 issued by the Brazilian Securities and Exchange Commission (CVM - Comissão de Valores Mobiliários) , informs its shareholders and the capital markets in general that the Extraordinary Shareholders Meeting convened to be held on July 27 th , 2005 was not consummated due to a judicial decision granted by the Second Federal Court of Florianópolis, Judicial Section of Santa Catarina, upon consideration of the Popular Action no. 2005.72.00.00.7938-1 (the Judicial Decision of the Second Federal Court of Florianópolis-SC), which, among other orders, expressly canceled the convened Extraordinary Shareholders Meeting.
As previously informed to the Company's shareholders and the capital markets in general, through a Notice to Shareholders and Notice of Cancellation of Extraordinary Shareholders Meeting published in the Official Gazette of the Federal Executive and also in the Brazilian newspapers named Valor Econômico and Correio Braziliense on July 27th, 2005, the Extraordinary Shareholders Meeting above mentioned had already been cancelled due to the reasons addressed in the Notice to Shareholders and Notice of Cancellation of Extraordinary Shareholders Meeting filed on July 26th, 2005 before the Brazilian Securities and Exchange Commission, São Paulo Stock Exchange (BOVESPA - Bolsa de Valores de São Paulo) and the SEC - Securities and Exchange Commission.
Nevertheless, in spite of the cancellation of the Extraordinary Shareholders Meeting and the orders set forth in the Judicial Decision of the Second Federal Court of Florianópolis/SC, the shareholders Fundação Petrobrás de Seguridade Social - Petros, Caixa de Previdência dos Funcionários do Banco do Brasil - PREVI, Citigroup Venture Capital International Brazil, L.P., Invitel S.A. and Fabio de Oliveira Moser, holders of, approximately, 8.1% of the Company's voting capital, and the entities Investidores Institucionais FIA, Zain Participações S.A., without any participation of BTP or any other shareholder of the Company, prepared and filed at the Company's headquarters a document entitled extraordinary shareholders meeting minutes in which such shareholders, without respect to the Article 16 of the Company's By-laws and Article 125 of the Brazilian Corporate Law, would have decided upon the matters pertaining to the agenda of the canceled Extraordinary Shareholders Meeting.
Brasília, July 27th , 2005
Humberto José Rocha Braz
Chief Executive Officer
Brasil Telecom Participações S.A
BRASIL TELECOM PARTICIPAÇÕES S.A.
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By: |
/S/
Humberto José Rocha Braz
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Name: Humberto José Rocha Braz
Title: Chief Executive Officer |