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PKN Orlen S.A.

Pre-Annual General Meeting Information Oct 28, 2025

5770_rns_2025-10-28_847747fd-1a8a-445d-aac6-6d9a33460e58.pdf

Pre-Annual General Meeting Information

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OF THE EXTRAORDINARY GENERAL MEETING OF ORLEN SPÓŁKA AKCYJNA (the "Company"),

dated 28 October 2025,

to appoint Chair of the Extraordinary General Meeting

Section 1

Pursuant to Art. 409.1 sentence 1 of the Commercial Companies Code, in conjunction with Section 5 of the Rules of Procedure for the Meeting of the Company, the Extraordinary General Meeting of ORLEN S.A. hereby appoints Mr Józef Palinka as Chair of the General Meeting.

Section 2

This Resolution shall take effect upon adoption.

Number of shares validly voted: 872 113 613

Percentage of share capital represented by validly voted shares: 75,12%

Total number of valid votes: 872 113 613

Votes in favour: 872 044 545

Votes against: 1 Abstentions: 69 067

The resolution has been passed in secret ballot.

Objection to the resolution was filed.

OF THE EXTRAORDINARY GENERAL MEETING OF ORLEN SPÓŁKA AKCYJNA (the "Company"),

dated 28 October 2025,

to adopt the agenda of the Extraordinary General Meeting

Section 1

The Extraordinary General Meeting of ORLEN S.A hereby resolves to adopt the following agenda:

    1. Opening of the General Meeting.
    1. Appointment of the Chair of the Meeting.
    1. Confirmation that the General Meeting has been properly convened and has the capacity to pass binding resolutions.
    1. Adoption of the agenda.
    1. Appointment of the Ballot Committee.
    1. Consideration of and voting on a resolution to determine the number of members of the Supervisory Board.
    1. Consideration of and voting on resolutions to change the composition of the Supervisory Board.
    1. Consideration of and voting on resolutions to amend the Company's Articles of Association.
    1. Consideration of and voting on a resolution to restate the Company's Articles of Association.
    1. Consideration of and voting on resolutions to seek compensation for losses incurred by the Company due to misconduct by members of the Management Board in their capacity as such.
    1. Consideration of and voting on a resolution to approve the disposal of a registered branch operating as ORLEN Spółka Akcyjna – Oddział Laboratorium Pomiarowo Badawcze PGNiG (Measurement and Testing Laboratory Branch) of Warsaw, with its registered office at ul. Marcina Kasprzaka 25, 01-224 Warsaw (the "Branch"), to Polska Spółka Gazownictwa Sp. z o.o. of Tarnów (Number in the National Court Register: KRS 0000374001) ("PSG"), with the disposal to be effected by contributing the Branch to PSG as a contribution in kind and subscribing for all newly issued shares in the increased share capital of PSG.
    1. Consideration of and voting on a resolution to cover the cost of convening and holding the General Meeting.
    1. Closing of the Meeting.

Section 2

This Resolution shall take effect upon adoption.

Number of shares validly voted: 872 113 613

Percentage of share capital represented by validly voted shares: 75,12%

Total number of valid votes: 872 113 613

Votes in favour: 872 044 928

Votes against: 1 Abstentions: 68 684

OF THE EXTRAORDINARY GENERAL MEETING OF ORLEN SPÓŁKA AKCYJNA (the "Company"),

dated 28 October 2025,

to adopt the change of the order of agenda items

Section 1

The Extraordinary General Meeting of ORLEN S.A hereby resolves to decide to change the order of consideration of the items on the announced agenda in the following way: current points 6 and 7 "Consideration of and voting on a resolution to determine the number of members of the Supervisory Board." and "Consideration of and voting on resolutions to change the composition of the Supervisory Board." will be considered after the current point 12 "Consideration of and voting on a resolution to cover the cost of convening and holding the General Meeting." as new items 11 and 12, respectively. According to that the Extraordinary General Meeting resolves to adopt the following agenda:

    1. Opening of the General Meeting.
    1. Appointment of the Chair of the Meeting.
    1. Confirmation that the General Meeting has been properly convened and has the capacity to pass binding resolutions.
    1. Adoption of the agenda.
    1. Appointment of the Ballot Committee.
    1. Consideration of and voting on resolutions to amend the Company's Articles of Association.
    1. Consideration of and voting on a resolution to restate the Company's Articles of Association.
    1. Consideration of and voting on resolutions to seek compensation for losses incurred by the Company due to misconduct by members of the Management Board in their capacity as such.
    1. Consideration of and voting on a resolution to approve the disposal of a registered branch operating as ORLEN Spółka Akcyjna – Oddział Laboratorium Pomiarowo Badawcze PGNiG (Measurement and Testing Laboratory Branch) of Warsaw, with its registered office at ul. Marcina Kasprzaka 25, 01-224 Warsaw (the "Branch"), to Polska Spółka Gazownictwa Sp. z o.o. of Tarnów (Number in the National Court Register: KRS 0000374001) ("PSG"), with the disposal to be effected by contributing the Branch to PSG as a contribution in kind and subscribing for all newly issued shares in the increased share capital of PSG.
    1. Consideration of and voting on a resolution to cover the cost of convening and holding the General Meeting.
    1. Consideration of and voting on a resolution to determine the number of members of the Supervisory Board.
    1. Consideration of and voting on resolutions to change the composition of the Supervisory Board.
    1. Closing of the Meeting.

Section 2

This Resolution shall take effect upon adoption.

Number of shares validly voted: 872 113 618

Percentage of share capital represented by validly voted shares: 75,12%

Total number of valid votes: 872 113 618

Votes in favour: 685 499 356

Votes against: 607

Abstentions: 186 613 655

Objection to the resolution was filed.

OF THE EXTRAORDINARY GENERAL MEETING OF ORLEN SPÓŁKA AKCYJNA (the "Company"),

dated 28 October 2025,

to appoint the Ballot Committee

Section 1

Pursuant to Section 8 of the Rules of Procedure for the General Meeting of the Company, the Extraordinary General Meeting of ORLEN S.A. hereby appoints the following persons to the Ballot Committee:

  • Miłosz Bukowski
  • Dorota Maćkiewicz
  • Michał Hańczyk

Section 2

This Resolution shall take effect upon adoption.

Number of shares validly voted: 872 113 618

Percentage of share capital represented by validly voted shares: 75,12%

Total number of valid votes: 872 113 618

Votes in favour: 872 044 551

Votes against: 0 Abstentions: 69 067

OF THE EXTRAORDINARY GENERAL MEETING OF ORLEN SPÓŁKA AKCYJNA (the "Company"),

dated 28 October 2025,

to amend the Company's Articles of Association

Section 1

Pursuant to Art. 430.1 of the Commercial Companies Code, the Extraordinary General Meeting of ORLEN S.A. hereby resolves to make the following amendments to the Company's Articles of Association:

1) The definitions of Fuel and Energy in Article 1.4, which read as follows:

"Fuels" – shall mean crude oil, petroleum products, biocomponents, biofuels and other fuels, including natural gas, industrial gases and fuel gases.

"Energy" – shall mean electricity, heat, tradable rights attached to certificates of origin for electricity or energy saving certificates, guarantees of origin of electricity, and capacity trading on the secondary market."

shall be amended to read as follows:

"Fuels" – shall mean crude oil, petroleum products, biocomponents, biofuels and other fuels, including natural gas, industrial gases, fuel gases, propane-butane, biogas, biomethane, as well as related tradable rights, guarantees of origin, and sustainability certificates.

"Energy" – shall mean electricity, heat, tradable rights attached to certificates of origin for electricity or energy saving certificates, guarantees of origin of electricity, and capacity trading."

2) Article 8.12.6(a), reading as follows:

"6. assumption of any other liability whose amount, whether as a result of a single legal transaction or a series of related legal transactions executed during one financial year, exceeds the equivalent of one-fifth of the Company's share capital, excluding:

  • a) any actions taken in the ordinary course of business, including, without limitation, any actions related to:
  • Fuel trading,
  • Energy trading, provision of electricity grid ancillary services, handling switching by customers to a different electricity or heat supplier, or provision, delivery or exercise of any related services, products or rights, including operating processes related to the supply, transmission or distribution of electricity or heat,
  • certification of capacity market units, including for the purposes of participation in capacity auctions on the capacity market,

  • trading in natural gas storage capacities and associated withdrawal and injections capacities, trading in natural gas transmission or distribution network capacities, and trading in LNG regasification capacities,

  • hedging against movements in Fuel and/or Energy prices, CO2 emission allowances, or any financial instruments related to hedging against financial and/or commodity risks;"

shall be amended to read as follows:

  • "6. assumption of any other liability whose amount, whether as a result of a single legal transaction or a series of related legal transactions executed during one financial year, exceeds the equivalent of one-fifth of the Company's share capital, excluding:
  • a) a) any actions taken in the ordinary course of business, including, without limitation, any actions related to:
  • Fuel trading, purchase or sale, or Fuel-related services (including the provision of storage, transmission, distribution, regasification, and/or liquefaction services);
  • Energy trading, provision of services (including electricity grid ancillary services), handling switching by customers to a different electricity supplier, or provision, delivery or exercise of any services, products or rights related to Energy in Energy market processes and electricity grid operating processes (including processes related to the generation, transformation, transmission, storage, distribution, and/or consumption of Energy);
  • certification of capacity market units, including for the purposes of participation in capacity auctions on the capacity market,
  • hedging against movements in Fuel and/or Energy prices, CO2 emission allowances, or any financial instruments related to hedging against financial and/or commodity risks;"

Section 2

This Resolution shall come into force upon its adoption, with effect from the date when the amendments are entered in the business register of the National Court Register.

Number of shares validly voted: 872 113 618

Percentage of share capital represented by validly voted shares: 75,12%

Total number of valid votes: 872 113 618

Votes in favour: 857 162 163 Votes against: 3 716 290 Abstentions: 11 235 165

OF THE EXTRAORDINARY GENERAL MEETING OF ORLEN SPÓŁKA AKCYJNA (the "Company"),

dated 28 October 2025,

to amend the Company's Articles of Association

Section 1

Pursuant to Art. 430.1 of the Commercial Companies Code, the Extraordinary General Meeting of ORLEN S.A. hereby resolves to amend Art. 8.11.5 of the Company's Articles of Association, which currently reads as follows:

"5. Appointing an audit firm to audit or review the financial statements of the Company and the consolidated financial statements of the Group and to provide assurance services with respect to sustainability reporting;"

to read as follows:

"5. Appointing an audit firm to audit or review the financial statements of the Company and the consolidated financial statements of the Group and to provide assurance services with respect to the Company's and/or the Group's sustainability reporting;"

Section 2

This Resolution shall come into force upon its adoption, with effect from the date when the amendments are entered in the business register of the National Court Register.

Number of shares validly voted: 872 113 618

Percentage of share capital represented by validly voted shares: 75,12%

Total number of valid votes: 872 113 618

Votes in favour: 787 271 412 Votes against: 73 604 469 Abstentions: 11 237 737

OF THE EXTRAORDINARY GENERAL MEETING OF ORLEN SPÓŁKA AKCYJNA (the "Company"),

dated 28 October 2025,

to restate the Company's Articles of Association

Section 1

Acting pursuant to Art. 430.1 of the Commercial Companies Code, the Extraordinary General Meeting of ORLEN Spółka Akcyjna hereby resolves to restate the Articles of Association of ORLEN S.A., as amended by the Extraordinary General Meeting, with the restated Articles of Association to read as follows:

"ARTICLES OF ASSOCIATION

OF ORLEN

Spółka Akcyjna of Płock

(restated)

Article 1 Establishment, founding shareholder and name of the Company

1

The Company was established as a result of the transformation of a state-owned enterprise under the name of Mazowieckie Zakłady Rafineryjne i Petrochemiczne of Płock in accordance with the Polish laws on privatisation of state-owned enterprises. ------------------------------------------------------

2

The Company's founder is the State Treasury of Poland. -----------------------------------------------------

3

The Company operates under the name of: ORLEN Spółka Akcyjna. The Company may use the abbreviated name of: ORLEN S.A. ---------------------------------------------------------------------------------

4

Unless expressly stated otherwise in these Articles of Association, the following capitalised terms shall have the following meanings: ---------------------------------------------------------------------------------

"Group" – shall mean a group within the meaning of the Accounting Act. ---------------------------------

"Fuels" – shall mean crude oil, petroleum products, biocomponents, biofuels and other fuels, including natural gas, industrial gases, fuel gases, propane-butane, biogas, biomethane, as well as related tradable rights, guarantees of origin, and sustainability certificates. --------------------------

"Energy" – shall mean electricity, heat, tradable rights attached to certificates of origin for electricity
or energy saving certificates, guarantees of origin of electricity, and capacity trading."
"Material Transaction" – shall mean a material transaction within the meaning of the Act on Public
Offering, Conditions Governing the Introduction of Financial Instruments to Organised Trading, and
Public Companies of 29 July 2005
"Parent" – shall mean any entity that meets at least one of the following conditions:
a)
such entity holds the majority of total voting rights in the governing bodies of another
entity (Subsidiary), including under agreements with other holders of voting rights,
or
b)
such entity has the power to appoint and remove a majority of members of the
governing bodies of another entity (Subsidiary), or
c)
more than half of the members of the management board of another entity
(Subsidiary) are at the same time management board members or persons holding
managerial positions in such entity or in another subsidiary of such entity, or
d)
such entity has a decisive influence on a subsidiary corporation or cooperative,
including, without limitation, under an agreement between the Parent and the
subsidiary for the management of the latter or for the transfer of its earnings to the
former
This definition shall not apply to Art. 7.11.1–7 hereof
"Related Party" – shall mean a related party of the Company within the meaning of the Act on Public
Offering, Conditions Governing the Introduction of Financial Instruments to Organised Trading, and
Public Companies of 29 July 2005
"Subsidiary" – shall mean any entity in relation to which another entity is its Parent; this definition
shall not apply to Art. 7.11.1–7 hereof
"Company" – shall mean ORLEN S.A
Article 2
Registered office, principal business activity and territory of operations
1
The Company's registered office shall be in Płock, Poland
2
The Company's principal business activity shall comprise:
1. Manufacture and processing of refined petroleum products (PKD 19.20.Z)
2. Manufacture of basic chemicals, fertilisers and nitrogen compounds, plastics and synthetic
rubber in primary forms (PKD 20.1)
3. Manufacture of other chemical products (PKD 20.5)
4. Retail sale of automotive fuel in specialised stores (PKD 47.3)
5. Other specialised wholesale (PKD 46.7), including wholesale of fuels and related products
(PKD 46.71 Z)
6. Extraction of crude petroleum (PKD 06.1)
7. Extraction of natural gas (PKD 06.2)
8. Support activities for petroleum and natural gas extraction (PKD 09.1)
9. Manufacture of basic iron, cast iron, steel, ferroalloys and metallurgical products (PKD
24.1)
10. Manufacture of tubes, pipes, hollow profiles and related fittings, of steel (PKD 24.2)
11. Manufacture of other products of first processing of steel (PKD 24.3)
12. Manufacture of basic precious and other non-ferrous metals (PKD 24.4)
13. Casting of metals (PKD 24.5)
14. Manufacture of structural metal products (PKD 25.1)
15. Repair of fabricated metal products, machinery and equipment (PKD 33.1)
16. Electric power generation, transmission, distribution and trade (PKD 35.1)
17. Manufacture of gas; distribution of gaseous fuels and trade of gas through mains (PKD
35.2)
18. Production and supply of steam, hot water and air for air-conditioning systems (PKD 35.3)
19. Remediation activities and other waste management services (PKD 39.0)
20. Construction of residential and non-residential buildings (PKD 41.2)
21. Construction of utility projects for fluids, electricity and telecommunications (PKD 42.2)
22. Construction of other civil engineering projects (PKD 42.9)
23. Demolition and site preparation (PKD 43.1)
24. Electrical, plumbing and other construction installation activities (PKD 43.2)
25. Other specialised construction activities (PKD 43.9)
26. Wholesale and retail sale of motor vehicles, excluding motorcycles (PKD 45.1)
27. Wholesale and retail sale of motor vehicle parts and accessories, except for motorcycles
(PKD 45.3)
28. Wholesale and retail sale, maintenance and repair of motorcycles and related parts and
accessories (PKD 45.4)
29. Retail sale in non-specialised stores (PKD 47.1)
30. Retail sale of other goods in specialised stores (PKD 47.7)
31. Freight rail transport (PKD 49.2)
32. Freight transport by road and removal services (PKD 49.4)
33. Transport via pipelines (PKD 49.5)
34. Sea and coastal freight water transport (PKD 50.2)
35. Inland freight water transport (PKD 50.4)
36. Warehousing and storage (PKD 52.1)
37. Support activities for transportation (PKD 52.2)
38. Hotels and similar accommodation (PKD 55.1)
39. Restaurants and mobile food service activities (PKD 56.1)
40. Event catering and other food service activities (PKD 56.2)
41. Beverage serving activities (PKD 56.3)
42. Wired telecommunications activities (PKD 61.1)
43. Wireless telecommunications activities other than satellite telecommunications activities
(PKD 61.2)
44. Satellite telecommunications activities (PKD 61.3)
45. Other telecommunications activities (PKD 61.9)
46. Computer programming, consultancy and related activities (PKD 62.0)
47. Data processing, hosting and related activities; web portals (PKD 63.1)
48. Repair of computers and communication equipment (PKD 95.1)
49. Renting and leasing of other machinery, office equipment and tangible goods (PKD 77.3)
50. Monetary intermediation (PKD 64.1)
51. Activities of holding companies (PKD 64.2)
52. Other financial service activities, except insurance and pension funding (PKD 64.9)
53. Activities auxiliary to financial services, except insurance and pension funding (PKD 66.1)
54. Activities auxiliary to insurance and pension funding (PKD 66.2)
55. Accounting, bookkeeping and auditing activities; tax consultancy (PKD 69.2)
56. Management consultancy activities (PKD 70.2)
57. Architectural and engineering activities and related technical consultancy (PKD 71.1)
58. Advertising (PKD 73.1)
59. Other professional, scientific and technical activities n.e.c. (PKD 74.9)
60. Activities of employment placement agencies (PKD 78.1)
61. Other human resources provision (PKD 78.3)
62. Regulation of the activities of providing health care, education, cultural services and other
social services, excluding social security (PKD 84.12.Z)
63. Business support service activities n.e.c. (PKD 82.9)
64. Provision of services to the community as a whole (PKD 84.2), including fire service
activities (PKD 84.25.Z)
65. Other education (PKD 85.5)
66. Retail sale of beverages in specialised stores (PKD 47.25.Z)
67. Publishing of newspapers (PKD 58.13.Z)
68. Security and commodity contracts brokerage (PKD 66.12.Z)
69. Activities of head offices and holding companies, excluding financial holding companies
(PKD 70.10.Z)
70. Wholesale on a fee or contract basis (PKD 46.1), including activities of agents involved in
the sale of fuels, ores, metals and industrial chemicals (PKD 46.12.Z)
71. Wholesale of fruit and vegetables (PKD 46.31.Z)
72. Wholesale of meat and meat products (PKD 46.32.Z)
73. Wholesale of milk, dairy products, eggs, edible oils and fats (PKD 46.33.Z)
74. Wholesale of alcoholic beverages (PKD 46.34.A)
75. Wholesale of non-alcoholic beverages (PKD 46.34.B)
76. Wholesale of tobacco products (PKD 46.35.Z)
77. Wholesale of sugar, chocolate, confectionery and bakery products (PKD 46.36.Z)
78. Wholesale of coffee, tea, cocoa and spices (PKD 46.37.Z)
79. Wholesale of other food, including fish, crustaceans and molluscs (PKD 46.38.Z)
80. Wholesale of non-specialised food, beverages and tobacco products (PKD 46.39.Z)
81. Wholesale of clothing and footwear (PKD 46.42.Z)
82. Wholesale of electrical household appliances (PKD 46.43.Z)
83. Wholesale of porcelain, ceramic and glass products and cleaning products (PKD 46.44.Z)
84. Wholesale of perfume and cosmetics (PKD 46.45.Z)
85. Wholesale of pharmaceutical and medical products (PKD 46.46.Z)
86. Wholesale of watches, clocks and jewellery (PKD 46.48.Z)
87. Wholesale of other household appliances (PKD 46.49.Z)
88. Non-specialised wholesale (PKD 46.90.Z)
89. Extraction of salt (PKD 08.93.Z)
90. Digging, drilling and boring for geological and engineering purposes
91. Support activities for other mining and quarrying operations
92. Mining of chemical and fertiliser minerals
93. Other mining and quarrying n.e.c
94. Wholesale of chemical products
95. Wholesale of other intermediate products
96. Plumbing, heat, gas and air-conditioning installation
97. Maintenance and repair of motor vehicles other than motorcycles
98. Warehousing and storage of gaseous fuels
99. Manufacture of industrial gases
100. Wholesale of waste and scrap
101. Other research and experimental development on natural sciences and engineering
102. Other technical testing and analyses
103. Installation of industrial machinery and equipment
104. Financial leasing
105. Other financial service activities, except insurance and pension funding n.e.c., including
debt trading for own account
106. Other credit granting
107. Activities on financial markets for third party's account (e.g. security brokerage) and
related activities
108. Security contracts brokerage
109. Commodity contracts brokerage
110. Administration of financial markets
111. Agents involved in the sale of a variety of goods
112. Wholesale of hardware, plumbing and heating equipment and supplies
113. Computer facilities management
114. Other information technology and computer service activities
115. Reproduction of recorded media
116. Repair and maintenance of electronic and optical equipment
117. Repair and maintenance of electrical equipment
118. Wholesale of electronic and telecommunications equipment and parts
119. Wholesale of other office machinery and equipment
120. Wholesale of other machinery and equipment
121. Publishing of directories and mailing lists
122. Other software publishing
123. Other information service activities n.e.c
124. Activities of insurance agents and brokers
125. Leasing of intellectual property and similar products, except copyrighted works
126. Repair and maintenance of (tele)communications equipment
127. Repair and maintenance of consumer electronics
128. Other services activities n.e.c
129. Activities of call centre
130. Other publishing activities
131. Pre-press and pre-media services
132. Other printing
133. Photocopying, document preparation and other specialised office support activities
134. Other business support service activities n.e.c
135. Water collection, treatment and supply
136. Library activities
137. Archives activities
138. Museum activities
139. Buying and selling of own real estate
140. Managing real estate on a fee- or contract-basis
141. Renting and operating of own or leased real estate
142. Rental and leasing services of cars and light motor vehicles
143. Renting and leasing of other motor vehicles, except of motorcycles
144. Tour operator activities
145. Holiday and other short-stay accommodation
146. Camping grounds, recreational vehicle parks and trailer parks
147. Other accommodation
148. Retail sale in non-specialised stores with food, beverages or tobacco predominating
149. Activities related to organisation of fairs, exhibitions and conventions
150. Other amusement and recreation activities
151. Other passenger land transport n.e.c
152. Retail sale via mail order houses or via Internet (PKD 47.91.Z)
153. Other retail sale not in stores, stalls or markets (PKD 47.99.Z)

The Company shall operate in the Republic of Poland and abroad. ----------------------------------------

4

The Company may acquire and dispose of shares in other companies, acquire, dispose of, lease and rent businesses, establishments, real property, movables and property rights, acquire and dispose of interests in income or assets of other companies, establish commercial-law companies and partnerships and civil-law partnerships, become a partner in joint ventures, form branches, establishments, representative offices and other organisational units, as well as take any and all legal and practical actions falling within the scope of its business that are not forbidden by law. ---

5

In performance of its business activities as listed in Art. 2.2 hereof, the Company shall carry out tasks to enhance the energy security of the Republic of Poland. --------------------------------------------

6

    1. Prior written consent of the minister responsible for energy affairs shall be required for any of the following actions, with the decision whether to grant it subject to obtaining a prior opinion of the entity authorised to exercise the rights carried by Company shares held by the State Treasury: -----------------------------------------------------------------------------------------------------------
  • a) amending any material term or condition of any of the Company's existing commercial contracts for natural gas imports into Poland or execution by the Company of such contract;

  • b) implementation by the Company of a strategic investment project or the Company's participation in an investment project which may permanently or temporarily impair it economic efficiency but which is necessary to carry out a national energy security task in connection with: ------------------------------------------------------------------------------------------------ 1)ensuring continuity of natural gas supplies to customers and maintaining the required emergency natural gas stocks, ----------------------------------------------------------------------------- 2)ensuring safe operation of gas networks, ------------------------------------------------------------- 3)balancing the gas market and managing the operations and capacity of energy facilities and equipment connected to the national gas grid, --------------------------------------------------- 4)natural gas production. ------------------------------------------------------------------------------------
    1. Any request for such consent as is referred to in Art. 2.6.1 hereof shall include the Management Board's rationale for the action for which the Minister's consent is being sought and shall be accompanied by the Supervisory Board's written opinion thereon. -----------------------------------

Article 3

Share capital and shares

1

The Company's share capital shall amount to PLN 1,451,177,561.25 (one billion, four hundred and fifty-one million, one hundred and seventy-seven thousand, five hundred and sixty-one złoty, twenty-five grosz) and shall be divided into 1,160,942,049 (one billion, one hundred and sixty

million, nine hundred and forty-two thousand, forty-nine) shares with a par value of PLN 1.25 (one
złoty, twenty-five grosz) per share, including:
a) 336,000,000 (three hundred and thirty-six million) Series A bearer shares, numbered from A
000000001 to A-336000000;
b) 6,971,496 (six million, nine hundred and seventy-one thousand, four hundred and ninety-six)
Series B bearer shares, numbered from B-0000001 to B-6971496;
c) 77,205,641 (seventy-seven million, two hundred and five thousand, six hundred and forty-one)
Series C bearer shares, numbered from C-00000001 to C-77205641;
d) 7,531,924 (seven million, five hundred and thirty-one thousand, nine hundred and twenty-four)
Series D bearer shares, numbered from D-0000001 to D-7531924;
e) 198,738,864 (one hundred and ninety-eight million, seven hundred and thirty-eight thousand,
eight hundred and sixty-four) Series E bearer shares numbered from E-000000001 to E
198738864;
f) 534,494,124 (five hundred and thirty-four million, four hundred and ninety-four thousand, one
hundred and twenty-four) Series F bearer shares numbered from F-000000001 to F-534494124.

2

Conversion of bearer shares into registered shares shall not be permitted. ------------------------------

3

The Company's share capital may be increased by issuing new shares or increasing the par value of the existing shares. --------------------------------------------------------------------------------------------------

Article 4

Cancellation of shares

  • 1 Company shares may be cancelled only through a share capital reduction carried out on the terms and conditions defined by the General Meeting, except where the Commercial Companies Code and these Articles of Association provide for share cancellation without the need for the General Meeting to pass a resolution. -------------------------------------------------------
  • 2 Company shares may be cancelled subject to consent of the affected shareholder, by way of their acquisition by the Company (voluntary cancellation). ----------------------------------------------
  • 3 The terms and conditions of such acquisition shall be set out in a General Meeting's resolution authorising the Management Board to take steps to acquire shares to be cancelled. ------------
  • 4 Cancellation of Company shares shall require a resolution by the General Meeting, subject to Art. 363.5 of the Commercial Companies Code. ----------------------------------------------------------------
  • 5 A resolution on the cancellation of shares should specify, without limitation, the legal basis for the cancellation, the amount of consideration due to the shareholder in respect of the cancelled shares, or the reasons for cancellation without consideration, as well as the manner of share capital reduction. --------------------------------------------------------------------------------------------------

Article 5

Statutory reserve funds and other capital reserves

1

The Company shall create statutory reserve funds to cover losses that may arise in connection with its activities. Annual contributions to the statutory reserve funds shall amount to 8% or more of the net profit for each financial year and shall be made until the statutory reserve funds reach at least one-third of the share capital amount. The General Meeting shall set the amount of annual contributions to the statutory reserve funds. The statutory reserve funds shall also include any excess of the issue proceeds received by the Company over the par value of shares (share premium), net of the issue costs, as well as contributions to equity made by shareholders. The General Meeting shall determine the allocation of the statutory reserve funds, provided, however, that a portion of the statutory reserve funds equal to one-third of the share capital may be used exclusively for coverage of losses shown in the Company's financial statements. ----------------------

2

The Company shall create other capital reserves from distributions from net profit allocated to such capital reserves. The General Meeting shall set the amount of distributions to be allocated to other capital reserves. Other capital reserves may be allocated to cover any specific losses or expenses, to increase the share capital, and to distribute dividends. The Company may also create other funds, reserves and special accounts as provided for in the applicable laws or regulations. ---------

Article 6 Profit allocation

The Company's net profit shall be allocated to dividend distributions, funds and capital reserves created by the Company, and to other purposes, in accordance with the General Meeting's resolution. -----------------------------------------------------------------------------------------------------------------

Article 7 General Meeting 1

General Meetings shall be held at the Company's registered office or in Warsaw. ---------------------

2

The Management Board shall convene the General Meeting when required under these Articles of Association or the Commercial Companies Code. --------------------------------------------------------------

3

An Annual General Meeting shall be held within six months from the end of each financial year. --

4

    1. The Management Board shall convene an Extraordinary General Meeting on its own initiative, at the request of the Supervisory Board, at the request of a shareholder or shareholders representing at least one-twentieth of the Company's share capital, or at the request of the State Treasury as a Company shareholder, irrespective of its shareholding in the Company, within two weeks from the submission of such request. The request to convene the General Meeting should specify matters to be included on its agenda or a draft resolution on the proposed agenda of the meeting. ---------------------------------------------------------------------------------------------------------------
    1. An Extraordinary General Meeting may also be convened by shareholders representing at least half of the share capital of or total voting rights in the Company. ----------------------------------------
    1. A shareholder or shareholders representing at least one-twentieth of the Company's share capital may request that certain matters be placed on the agenda of the next General Meeting, in accordance with the laws of general application. The same right shall be held by the State Treasury as a Company shareholder, irrespective of its shareholding in the Company. -----------

The Supervisory Board may convene an Extraordinary General Meeting if it sees fit to do so. The Supervisory Board may convene an Annual General Meeting if the Management Board has failed to convene it within two weeks from the Supervisory Board's submission of the relevant request. -

6

The General Meeting shall be convened as provided for and subject to the rules specified in the laws of general application. ------------------------------------------------------------------------------------------- 7 The powers of the General Meeting shall include in particular: ---------------------------------------------- 1. Reviewing and receiving the full-year financial statements of the Company, the Directors' Report on the Company's operations, the consolidated financial statements of the Group,

and the Directors' Report on the Group's operations, for the previous financial year;- ------ 2. Granting discharge from liability to members of the Management Board and the Supervisory

Board for performance of their duties; --------------------------------------------------------------------

    1. Deciding on the allocation of profit or coverage of loss, as well as application of funds and accounts created from profit, subject to any specific provisions which may require different application of such funds; -----------------------------------------------------------------------------------
    1. Appointing members of the Supervisory Board, subject to Art. 8.2 hereof, and defining rules for their remuneration; ----------------------------------------------------------------------------------------
    1. Increasing and reducing the Company's share capital, unless the Commercial Companies Code or these Articles of Association provide otherwise; --------------------------------------------
    1. Deciding on claims for redress of any damage caused upon formation of the Company or in the course of its management or supervision; -------------------------------------------------------
  • 6a. Adopting a policy defining the rules of remuneration for members of the Management Board and Supervisory Board; -------------------------------------------------------------------------------------
    1. Granting consent to the disposal or lease of, or creation of limited property rights in, the Company's business or any organised part thereof; --------------------------------------------------
    1. Granting consent to the disposal of real property, or of a perpetual usufruct title to or other interest in real property, with a net carrying amount exceeding one-twentieth of the Company's share capital; ------------------------------------------------------------------------------------
    1. Amending the Company's Articles of Association; -----------------------------------------------------
    1. Creating and releasing the Company's capital reserves, funds and special accounts; -------
    1. Passing resolutions to cancel Company shares and/or repurchase Company shares for cancellation, subject to Art. 4 hereof; ---------------------------------------------------------------------
    1. Issuing convertible bonds, senior bonds and subscription warrants; -----------------------------
13. Dissolving, liquidating or transforming the Company, or merging it with another entity;
14. Entering into such agreement as is referred to in Art. 4.1.4(f) of the Commercial Companies
Code;
15. Passing a resolution to consent to subscription, acquisition or disposal of shares in Group
companies which operate, under generally applicable laws, a natural gas distribution or
storage system, subject to the condition that any consent to such disposal must define its
terms and conditions
16. Passing a resolution to set the aggregate cap on fees that the Company may pay to all
advisers to the Supervisory Board over a financial year
7a
No consent of the General Meeting shall be required for any acquisition of real property, or of a
perpetual usufruct title to or other interest in real property, irrespective of its value, or for any
disposal of real property, or of a perpetual usufruct title to or other interest in real property, with a
net carrying amount not exceeding one-twentieth of the Company's share capital
8
Unless the Commercial Companies Code or these Articles of Association provide otherwise,
resolutions of the General Meeting shall be passed by an absolute majority of votes cast, with the
proviso that votes cast shall be deemed to comprise votes 'in favour of', votes 'against' and
abstentions
9
1. The passage by the General Meeting of any resolution on preference rights attached to shares,
a merger of the Company with another entity by way of transferring all of the Company's assets
to such other entity, dissolution of the Company (including as a result of relocating the
Company's registered office or principal establishment abroad), liquidation of the Company,
transformation of the Company, or reduction of the Company's share capital by way of
cancellation of part of Company shares without a simultaneous capital increase shall require a
majority of no less than 90% of the votes cast in the presence of shareholders representing at
least half of the Company's share capital
2. If the State Treasury's interest in the Company's share capital is below 49%, the passage by the
General Meeting of any resolution to:
1) dissolve the Company,
2) relocate the Company's registered office abroad,
3) change the Company's business profile in a way that would limit its ability to carry on crude
oil and natural gas exploration, production, and trading activities,
4) dispose of, lease, or create limited property rights in the Company's business or any
organised part thereof whose activities include crude oil and/or natural exploration,
production, and/or trading,
5) merge the Company through a transfer of all of its assets to another company,

6) demerge the Company, --------------------------------------------------------------------------------------

7) attach preference rights to Company shares, ----------------------------------------------------------- 8) form a societas Europaea, convert the Company into such entity, or join such entity, or ---- 9) amend this Art. 7.9.2 ---------------------------------------------------------------------------------------- shall require a majority of no less than 80% of the votes cast in the presence of shareholders representing at least half of the Company's share capital. ------------------------------------------------

9a

Any resolution not to consider a matter placed on the agenda of a General Meeting may only be passed by the General Meeting for a good cause. The passage by the General Meeting of any resolution not to consider a matter placed on its agenda at the request of a shareholder or shareholders or to remove such matter from the agenda shall require a majority of no less than 75% of the votes cast, with the proviso that the requesting shareholder(s) present at the Meeting give their prior consent not to consider the matter or to remove it from the agenda. -------------------

10

Subject to Art. 7.11 hereof, each Company share shall confer the right to one vote at the General Meeting. Shareholders may attend the General Meeting and exercise their voting rights in person or by proxy. ---------------------------------------------------------------------------------------------------------------

11

    1. The voting rights of Company shareholders shall be limited so that at the General Meeting no shareholder can exercise more than 10% of total voting rights existing in the Company as at the date of the General Meeting, with the proviso that this limitation shall be deemed non-existent for the purpose of determining the obligations of buyers of major holdings of shares as provided for in the laws referred to in Art. 7.11.3 and 7.11.5 hereof. The limitation of voting rights referred to above shall not apply to the State Treasury and the depositary bank which has issued depositary receipts representing Company shares under an agreement with the Company (if the bank exercises voting rights attached to such Company shares). For the purposes of this Art. 7.11, the exercise of voting rights by a subsidiary shall be deemed the exercise of such voting rights by its parent as defined in the laws referred to in Art. 7.11.3 and 7.11.5 hereof, whereas the total number of voting rights held by a shareholder shall be the sum of the voting rights attached to the shares held by the shareholder and the voting rights which the shareholder would receive as a result of conversion of the depositary receipts held by the shareholder into shares. ---------------------
    1. For the purposes of this Art. 7.11, a shareholder shall mean any person, including a parent and a subsidiary of such person, howsoever directly or indirectly entitled to exercise voting rights at the General Meeting, including persons that do not hold shares in the Company, in particular usufructuaries, pledgees, holders of rights carried by depositary receipts, as defined in the Act on Trading in Financial Instruments of 29 July 2005, as well as persons entitled to attend the General Meeting despite having disposed of their shareholdings after the record date. ------------------------------------------------------------------------------------------------
    1. For the purposes of this Art. 7.11, a parent or a subsidiary shall mean any person that: ---
  • a) is a parent, a subsidiary, or both a parent and a subsidiary as defined in the Competition and Consumer Protection Act of 16 February 2007; or -----------------------------------------

  • b) is a parent, a higher-tier parent, a subsidiary, a lower-tier subsidiary, a jointly-controlled entity or both a parent (including a higher-tier parent) and a subsidiary (including a lower-tier subsidiary or a jointly-controlled entity) as defined the Accounting Act of 29 September 1994; or -------------------------------------------------------------------------------------

  • c) exerts (if a parent) or is under (if a subsidiary) decisive influence as defined in the Act on the Transparency of Financial Relations between State Authorities and State-Controlled Enterprises, as well as on Financial Transparency of Certain Business Entities, of 22 September 2006; or ------------------------------------------------------------------
  • d) is an entity whose voting rights conferred by Company shares, whether held directly or indirectly, are subject to aggregation with the voting rights of another person pursuant to the Act on Public Offering, Conditions Governing the Introduction of Financial Instruments to Organised Trading and Public Companies of 29 July 2005, in connection with the holding, disposal or acquisition of major holdings of Company shares. ---------
    1. Shareholders whose voting rights are aggregated or reduced pursuant to the rules described in this Art. 7.11, shall be jointly referred to as a Grouping. The aggregation of voting rights shall consist in adding up all voting rights held by individual shareholders comprising a Grouping. The reduction of voting rights consists in decreasing the total number of voting rights held at the General Meeting by shareholders comprising a Grouping. Such reduction shall be made as follows: --------------------------------------------------------------
  • a) the number of voting rights of the shareholder holding the largest number of voting rights in the Company from among all the shareholders comprising a Grouping shall be reduced by the number of voting rights held by all the shareholders in the Grouping in excess of 10% of total voting rights in the Company; ---------------------------------------------------------------------
  • b) if the total voting rights held by the shareholders comprising the Grouping exceed the threshold defined in Art. 7.11.1 hereof despite the reduction referred to in Art. 7.11.4(a) hereof, the number of the voting rights held by the other shareholders in the Grouping shall be further reduced. Such further reduction shall be made in an order based on the number of voting rights held by individual shareholders comprising the Grouping (from the highest to the lowest). The number of voting rights of the Grouping shall be further reduced until the number of voting rights held by the shareholders comprising the Grouping does not exceed 10% of total voting rights in the Company; --------------------------------------------------------------
  • c) in any case, a shareholder whose voting rights have been limited shall retain the right to cast at least one vote; ----------------------------------------------------------------------------------------
  • d) the limitation of voting rights shall also apply to shareholders absent from the General Meeting. ----------------------------------------------------------------------------------------------------------
    1. For the purposes of calculating the basis for aggregating or reducing the number of voting rights pursuant to this Art. 7.11, any Company shareholder or the Management Board or the Supervisory Board or any member thereof, may require that a Company shareholder provide information whether the shareholder: ---------------------------------------------------------
  • a) is a parent, a subsidiary, or both a parent and a subsidiary as defined in the Competition and Consumer Protection Act of 16 February 2007; or -----------------------------------------------------

  • b) is a parent, higher-tier parent, subsidiary, lower-tier subsidiary, jointly-controlled entity, or both a parent (including a higher-tier parent) and a subsidiary (including a lower-tier subsidiary or a jointly-controlled entity), as defined in the Accounting Act of 29 September 1994; or ----------------------------------------------------------------------------------------------------------

  • c) exerts (if a parent) or is under (if a subsidiary) decisive influence as defined in the Act on the Transparency of Financial Relations between State Authorities and State-Controlled Enterprises, as well as on Financial Transparency of Certain Business Entities, of 22 September 2006; or -------------------------------------------------------------------------------------------
  • d) is an entity whose voting rights conferred by Company shares, whether held directly or indirectly, are subject to aggregation with voting rights of another pursuant to the Act on Public Offering, Conditions Governing the Introduction of Financial Instruments to Organised Trading and Public Companies of 29 July 2005, in connection with the holding, disposal or acquisition of major holdings of Company shares. -------------------------------------

The right referred to herein shall also include the right to request that the Company shareholder disclose the number of voting rights held individually or jointly with other Company shareholders. A person who fails to comply, or properly comply, with the disclosure obligation referred to herein may only exercise voting rights attached to one share, and any attempt by the person to exercise voting rights attached to the person's remaining shares shall be ineffective, until such time as the failure is cured. --------------------------------------------------------------------------------------------------

    1. Further to Art. 7.11.1 hereof, whereby the exercise of voting rights by a subsidiary is deemed the exercise of voting rights by its parent, and for the avoidance of doubt, the limitation of voting rights referred to in Art. 7.11.1 hereof shall not apply to subsidiaries of the State Treasury. --------------------------------------------------------------------------------------------------------
    1. In the case of doubt, the provisions of this Art. 7.11 hereof shall be construed in accordance with Art. 65.2 of the Civil Code. ----------------------------------------------------------------------------

12

Subject to the applicable provisions of the Commercial Companies Code, a change to the Company's principal business activities shall not require repurchase of Company shares. ----------

Article 8

Supervisory Board

1

The Supervisory Board shall consist of six to fifteen members, including the Chair. -------------------

2

The Supervisory Board is appointed and removed in the following manner: -----------------------------

  • 1) The State Treasury, represented by the entity authorised to exercise the rights attached to the shares held by the State Treasury, shall have the right to appoint and remove one member of the Supervisory Board; ------------------------------------------------------------------------
  • 2) Other members of the Supervisory Board, including all members referred to in Art. 8.5 hereof, shall be appointed and removed by the General Meeting; --------------------------------

The State Treasury's right to appoint a Supervisory Board member expires upon disposal by the State Treasury of all of its shares in the Company. -------------------------------------------------------------

3

    1. Supervisory Board members are appointed for a joint term of office expiring on the date of the Annual General Meeting that approves the financial statements for the second full financial year of the term. 31 May 2007 shall be deemed to be the beginning of a joint term of office as defined above. ----------------------------------------------------------------------------------
    1. Individual members of the Supervisory Board and the entire Supervisory Board may be removed at any time before the end of their term of office. ------------------------------------------

4

The Chair of the Supervisory Board shall be elected and removed by the General Meeting. The General Meeting may elect as the Chair of the Supervisory Board the person appointed thereto pursuant to Art. 8.2.1 hereof. The Deputy Chair and Secretary of the Supervisory Board shall be elected from among other Supervisory Board members and relieved of their positions by the Supervisory Board. -----------------------------------------------------------------------------------------------------

5

At least two Supervisory Board members shall each meet all of the following criteria (independent Supervisory Board members): ---------------------------------------------------------------------------------------

  • 1) They are not employed by the Company or any of its Related Parties; -------------------------------
  • 2) They were not members of a management body of the Company or any of its Related Parties in the last five years before being appointed to the Supervisory Board; ------------------------------
  • 3) They are not members of any supervisory or management body of a Related Party of the Company; ------------------------------------------------------------------------------------------------------------
  • 4) They do not receive, nor did they receive in the last five years before being appointed to the Supervisory Board, any significant additional remuneration, i.e. remuneration totalling more than six hundred thousand złoty, from the Company or any of its Related Parties, other than remuneration for serving on supervisory bodies; -----------------------------------------------------------
  • 5) They are not, nor were they in the last three years before being appointed to the Supervisory Board, a shareholder in or employee of the present or former external auditor of the Company or any of its Related Parties; ------------------------------------------------------------------------------------
  • 6) They are not a shareholder holding 5% or more of total voting rights at the General Meeting of the Company or any of its Related Parties; ------------------------------------------------------------------
  • 7) They are not a member of a supervisory or management body, or an employee of, an entity holding 5% or more of total voting rights at the General Meeting of the Company or any of its Related Parties; -----------------------------------------------------------------------------------------------------
  • 8) They are not a parent, child, spouse, sibling, parent of the spouse, or an adoptee or adoptive parent of, any of the persons referred to the preceding items; ------------------------------------------
  • 9) They have not been a member of the Company's Supervisory Board for more than three terms of office; --------------------------------------------------------------------------------------------------------------
  • 10) They are not a member of the management board of a company in which a member of the Company's Management Board is a supervisory board member; --------------------------------------

11) They do not have any significant links to members of the Company's Management Board through involvement in other companies. --------------------------------------------------------------------

Prior to their appointment, independent members of the Supervisory Board shall submit written representations to the effect that they meet the above criteria. If a situation arises that causes noncompliance by a Supervisory Board member with the criteria specified above, the Supervisory Board member shall promptly notify the Company. The Company shall keep its shareholders informed of the current number of independent members of its Supervisory Board. -------------------

If the number of independent members of the Supervisory Board is less than two, the Company's Management Board is obliged to immediately convene a General Meeting and put an item concerning changes in the composition of the Supervisory Board on the agenda of the General Meeting. Until such time as the number of independent members of the Supervisory Board is increased to meet the requirement stipulated herein, the Supervisory Board shall operate in its then current composition, and the provisions of Art. 8.9a hereof shall not apply. ------------------------------

The provisions of this Art. 8.5 shall apply accordingly if a Supervisory Board member begins to meet the criteria to be recognised as an independent member of the Supervisory Board in the course of its term. -------------------------------------------------------------------------------------------------------

6

Meetings of the Supervisory Board shall be held on an as-needed basis, but at least once every two months. Furthermore, a meeting shall be convened at a written request made by a shareholder or shareholders representing at least one-tenth of the Company's share capital, by the Management Board or by a Supervisory Board member within no later than two weeks from the date of receipt of the request; the agenda of such meeting must include the matters specified in the request. ------------------------------------------------------------------------------------------------------------------ -

7

    1. Supervisory Board meetings shall be convened by the Chair of the Supervisory Board or—if the position of the Chair is vacant or the Chair is reasonably unable to perform his or her duties or delegates the authority to convene Supervisory Board meetings to the Deputy Chair or Secretary of the Supervisory Board—by the Deputy Chair of the Supervisory Board or, failing him or her, by the Secretary of the Supervisory Board on his or her own initiative or at a request of other authorised parties. Supervisory Board meetings shall be convened by means of written invitations, which should be sent to Supervisory Board members at such time as is specified in the Rules of Procedure for the Supervisory Board, but in any case no later than seven or, where reasonably justified, two days prior to the scheduled date of the meeting. ---------------------------
    1. In the event that the Chair, or in the circumstances referred to in Art. 8.7.1 hereof the Deputy Chair or Secretary of the Supervisory Board, as the case may be, fails to convene a Supervisory Board meeting within two weeks from the receipt of the request referred to in Art. 8.6 hereof, the requesting party may proceed to convene such a meeting on its own by sending the Supervisory Board members written invitations specifying the date, venue, and the proposed agenda of the meeting at least seven days prior to its date. ---------------------------------------------

8

The Supervisory Board may hold a meeting if all the Supervisory Board members have been duly invited. Supervisory Board meetings may also be held without being formally convened, provided

that all Supervisory Board members are present and agree to hold a meeting and to include specific
matters on its agenda
8a
During a meeting, the Supervisory Board may consider and resolve on matters not included in the
meeting's agenda if all Supervisory Board members are present and so agree
9
1. The Supervisory Board may vote on resolutions if at least half of its members are present at
a meeting
2. Subject to the provisions of the Commercial Companies Code, the Supervisory Board may
vote on resolutions by written ballot or by means of remote communication. Such vote may
be ordered by the persons referred in the first sentence of Art. 8.7.1 hereof, who shall exercise
their authority in this respect in the same order as provided for therein
3. Subject to Art. 8.9.4 hereof, resolutions of the Supervisory Board shall be passed by an
absolute majority of the votes cast, provided that at least half of the Supervisory Board
members are in attendance and provided further that votes cast shall be deemed to comprise
votes 'in favour of', votes 'against' and abstentions. In the event of a voting tie, the Chair of
the Supervisory Board shall have the casting vote
4. The passage by the Supervisory Board of a resolution to remove from office or suspend from
duties the entire Management Board or any member thereof during their term shall require
that at least two-thirds of all Supervisory Board members vote in favour of such resolution
5.
Members of the Supervisory Board may vote on resolutions of the Supervisory Board by
casting a written ballot through another member of the Supervisory Board. Matters placed on
the agenda during a Supervisory Board meeting may not be voted on by casting a written
ballot through another member of the Supervisory Board
9a
The passage of resolutions on any of the following matters:
a) any consideration payable by the Company or any Related Party thereof to Members of the
Management Board;
b) granting consent to the execution by the Company of a Material Transaction with its Related
Party, taking into consideration the applicable exemptions and other detailed rules as
specified in Chapter 4b of the Act on Public Offering, Conditions Governing the Introduction
of Financial Instruments to Organised Trading, and Public Companies of 29 July 2005, and
granting consent to the execution by the Company or a Subsidiary thereof of an agreement
with a Supervisory Board or Management Board member, excluding any agreements
commonly concluded on minor daily life matters;
c) appointment of an audit firm to audit the Company's financial statements;
shall require consent by at least half of the independent members of the Supervisory Board, subject

to Art. 8.5 hereof. --------------------------------------------------------------------------------------------------------

The above provisions shall be without prejudice to the application of Art. 15.1 and 15.2 of the Commercial Companies Code. --------------------------------------------------------------------------------

The Supervisory Board shall adopt its Rules of Procedure, defining its organisation and operating procedures. --------------------------------------------------------------------------------------------------------------- 11 The Supervisory Board shall exercise ongoing supervision over the Company's activities. ---------- The powers and responsibilities of the Supervisory Board shall also include:---------------------------- 1. Subject to Art. 9.1.3, appointing and removing President, Vice Presidents and other members of the Management Board; --------------------------------------------------------------------- 2. Representing the Company in agreements and contracts concluded with Management Board members, including with respect to the terms and conditions of their employment; -- 3. Suspending, for a good cause, any or all Management Board members from their duties, as well as delegating Supervisory Board members to temporarily stand in for Management Board members who are unable to perform their duties; -------------------------------------------- 4. Approving the Rules of Procedure for the Management Board; ------------------------------------ 5. Appointing an audit firm to audit or review the financial statements of the Company and the consolidated financial statements of the Group and to provide assurance services with respect to the Company's and/or the Group's sustainability reporting; --------------------------- 6. Assessing whether the Company's financial statements are true, accurate and consistent with the underlying accounting records and documents and assessing the Directors' Report on the Company's operations and the Management Board's proposals concerning allocation of profit or coverage of loss; ------------------------------------------------------------------- 6a. Preparing and submitting to the General Meeting an annual written report for the previous financial year on matters whose coverage in such report is required under applicable legislation; ------------------------------------------------------------------------------------------------------ 6b. Assessing the Group's financial statements and the Directors' Report on the Group's operations, and presenting written annual reports on findings of such assessments to the General Meeting; ---------------------------------------------------------------------------------------------- 7. Providing opinions on all matters to be submitted by the Management Board for consideration to the Annual or Extraordinary General Meeting; ------------------------------------ 8. Granting consent for members of the Management Board to serve, and receive remuneration for serving, on supervisory or management bodies of other entities; ----------- 9. Granting consent to the implementation of an investment project and to assuming related liabilities if these involve expenditure or charges exceeding the equivalent of a half of the Company's share capital; ------------------------------------------------------------------------------------ 10. Defining the scope, required level of detail, and dates of submission by the Management Board of annual and long-term budgets as well as growth strategies for the Company; ----- 11. Approving growth strategies and long-term budgets for the Company; -------------------------- 12. Providing opinions on annual budgets; ------------------------------------------------------------------- 13. Granting consent, at the Management Board's request, to the disposal of real property or a

perpetual usufruct title to or other interest in real property, with a net carrying amount exceeding PLN 2,000,000 (two million złoty); -----------------------------------------------------------

    1. Granting consent, at the Management Board's request, to the acquisition of real property or a perpetual usufruct title to or other interest in real property whose net acquisition price exceeds one-fortieth of the Company's share capital; ------------------------------------------------
    1. Approving the report on entertainment expenses, legal expenses, marketing expenses, public relations and communication expenses, and management consultancy fees; the scope of the report shall be defined by the Supervisory Board, with due regard for the need not to disclose any privileged information, including, without limitation, such information as is specified in Art. 428 of the Commercial Companies Code; ---------------------------------------
    1. Approving the report on the application of best practices referred to in Art. 7.3 of the Act on State Property Management of 16 December 2016 to the extent applicable to the Company; the scope of the report shall be defined with due regard for the need not to disclose any privileged information, including, without limitation, such information as is specified in Art. 428 of the Commercial Companies Code; ---------------------------------------------------------------
    1. Granting consent to the repurchase by the Company of Company shares with a view to preventing serious damage as referred to in Art. 362.1.1 of the Commercial Companies Code, imminently threatening the Company; -----------------------------------------------------------
    1. Appointing acting President of the Management Board as referred to in Art. 9.3.3 hereof if President of the Management Board has been suspended from duties or his or her mandate has expired before the end of term; -----------------------------------------------------------------------
    1. Approving detailed rules and procedures for disposal of non-current assets;-------------------
    1. Providing opinions on the Management Board's recommendations for appointment or removal of the Company's representatives on the Management and Supervisory Boards of System Gazociągów Tranzytowych EuRoPol GAZ S.A. and submission of such recommendations for approval to the shareholder State Treasury; -------------------------------
    1. Providing opinions on the exercise by the Company of its voting rights at the General Meeting of System Gazociągów Tranzytowych EuRoPol GAZ S.A.-------------------------------

12

The Management Board shall be required to secure the Supervisory Board's prior consent for any the following actions: ---------------------------------------------------------------------------------------------------

    1. subject to Art. 7.7.7, Art. 7.7.8 and Art. 8.11.13 disposal of any intangible assets, items of property, plant and equipment or long-term investments which are non-current assets as defined in the Accounting Act of 29 September 1994, including through their contribution to a company or cooperative, if the market value of such assets exceeds PLN 100,000,000 or 5% of total assets, within the meaning of the Accounting Act of 29 September 1994, as reported in the most recent financial statements approved by the General Meeting, as well as entering into a legal transaction to grant another entity the right to use such assets for a period longer than 180 days in a calendar year if the market value of the assets covered by such legal transaction exceeds PLN 100,000,000 or 5% of total assets, subject to the condition that if the right to use the assets is granted under: --------------------------------------
  • a) a lease or rental agreement or other agreement for granting another entity the right to use an asset for consideration − the market value of the assets shall be the amount of the consideration due for: -------------------------------------------------------------------------------
    • − a period of one year − if the agreement is concluded for an indefinite term; -------
    • − the entire term of the agreement − if the agreement is concluded for a fixed term;
  • b) a lending agreement or other agreement for granting another entity the right to use an asset free of charge − the market value of the assets shall be the amount of the

consideration which would be receivable under an equivalent lease or rental agreement for: ------------------------------------------------------------------------------------------------------------- − a period of one year − if the agreement is concluded for an indefinite term; ----- − the entire term of the agreement − if the agreement is concluded for a fixed term; 2. subject to Art. 8.11.14 hereof – acquisition of non-current assets as defined in the Accounting Act of 29 September 1994 with a value exceeding PLN 100,000,000 or 5% of total assets, within the meaning of the Accounting Act of 29 September 1994, as reported in the most recent financial statements approved by the General Meeting; --------------------- 3. subject to Art. 8.12.5 hereof – acquisition, subscription or disposal of shares in companies or holding by the Company of other equity interests in other entities, subject to the condition that the Supervisory Board may waive the requirement to seek its prior consent for certain transactions of this kind by specifying the maximum amount of and defining the terms and procedure for the execution of a transaction for which such consent is not required, with the following transactions, however, not to be eligible for such waiver: ------------------------------ a)acquisition of or subscription for shares in another company where the value of such shares exceeds: ----------------------------------------------------------------------------------------------- – PLN 100,000,000, or ------------------------------------------------------------------------------ – 10% of total assets, within the meaning of the Accounting Act of 29 September 1994, as reported in the most recent financial statements received by the General Meeting, ----------------------------------------------------------------------------------------------- b) disposal of shares in another company where the market value of such shares exceeds: – PLN 100,000,000, or ------------------------------------------------------------------------------ – 10% of total assets, within the meaning of the Accounting Act of 29 September 1994, as reported in the most recent financial statements approved by the General Meeting; ------------------------------------------------------------------------------------------------ 4. formation of an establishment abroad; ------------------------------------------------------------------- 5. Disposal or encumbrance of any shares in the following companies: Naftoport Sp. z o.o., Inowrocławskie Kopalnie Soli Solino S.A., and the company to be established to handle the transport of liquid fuels via pipelines; --------------------------------------------------------------------- 6. assumption of any other liability whose amount, whether as a result of a single legal transaction or a series of related legal transactions executed during one financial year, exceeds the equivalent of one-fifth of the Company's share capital, excluding: --------------- a) any actions taken in the ordinary course of business, including, without limitation, any actions related to: ---------------------------------------------------------------------------------------- - Fuel trading, purchase or sale, or Fuel-related services (including the provision of storage, transmission, distribution, regasification, and/or liquefaction services); ----- - Energy trading, provision of services (including electricity grid ancillary services), handling switching by customers to a different electricity supplier, or provision, delivery or exercise of any services, products or rights related to Energy in Energy market processes and electricity grid operating processes (including processes related to the generation, transformation, transmission, storage, distribution, and/or consumption of Energy); --------------------------------------------------------------------------- - certification of capacity market units, including for the purposes of participation in capacity auctions on the capacity market, ----------------------------------------------------- - hedging against movements in Fuel and/or Energy prices, CO2 emission

allowances, or any financial instruments related to hedging against financial and/or
commodity risks;
b) any actions that have received a favourable opinion of the Supervisory Board in an
annual budget;
c) any actions requiring consent of the General Meeting
d) any actions undertaken in connection with the implementation of an investment
project consented to by the Supervisory Board pursuant to Art. 8.11.9 hereof, up to
an amount representing 110% of the budgeted cost of such investment project;
e) any actions related to the implementation of an investment project and assumption
of related liabilities if the resulting expenditure or charges do not exceed the
threshold specified in Art. 8.11.9 hereof;
6a execution of a Material Transaction with a Related Party of the Company, taking into
consideration the applicable exemptions and other detailed rules as specified in Chapter 4b
of the Act on Public Offering, Conditions Governing the Introduction of Financial Instruments
to Organised Trading, and Public Companies of 29 July 2005;
7. equity investments and investments in property, plant and equipment carried out by the
Company on foreign markets, with a value exceeding one-twentieth of the Company's share
capital;
8. exercise by the Company of voting rights at the general meeting of:
1) subject to Art. 8.12.8.2–4 hereof – a Subsidiary or other company if the value of shares
held by the Company therein, as measured at the total acquisition or subscription price
paid by the Company for those shares, exceeds one-fifth of the Company's share
capital and the matter to be voted on concerns:
a) the entity's merger with another company or its transformation,
b) disposal or lease of the entity's business or its encumbrance with a usufruct,
c) amendments to the entity's articles of association,
d) conclusion of a parent/subsidiary agreement as defined in Art. 7 of the Commercial
Companies Code,
e) dissolution of the entity;
2) a company which owns a natural gas transmission or distribution network,
interconnector, direct line, or natural gas storage facilities if the matter to be voted on
concerns:
a) amendments to the company's articles of association,
b) increase or reduction in the company's share capital,
c) merger, transformation or demerger of the company,
d) disposal of company shares,
e) disposal or lease of, or creation of limited property rights in, the company's business
or any organised part thereof,
f)
dissolution and liquidation of the company,
g) pledging or otherwise encumbering company shares,
h) obligating shareholders to make contributions to equity,
  • i) issue of bonds/notes, -------------------------------------------------------------------------------
  • j) entry into an obligational relationship with a foreign entity for, or in connection with, the planning, review, construction, expansion or disposal of a transmission network, distribution network, interconnector or direct line as defined in the Energy Law where the present value of such infrastructure or, for new projects, including projects being planned, its estimated value exceeds the PLN equivalent of EUR 500,000, ----------
  • k) entry into an obligational relationship with a foreign entity for, or in connection with, the planning, review, construction, expansion or disposal of storage facilities as defined in the Energy Law where the present value of such infrastructure or, for new projects, including projects being planned, its estimated value exceeds the PLN equivalent of EUR 500,000, -----------------------------------------------------------------------
  • l) entry into an obligational relationship with a foreign entity for, or in connection with, the planning, review, construction, expansion or disposal of a generation or cogeneration unit as defined in the Energy Law where the present value of such infrastructure or, for new projects, including projects being planned, its estimated value exceeds the PLN equivalent of EUR 500,000, or -------------------------------------
  • m) entry into an obligational relationship with a foreign entity for, or in connection with, hydrocarbon exploration, appraisal or production as defined in the Geological and Mining Law where the value of the relationship exceeds the PLN equivalent of EUR 5,000,000, ---------------------------------------------------------------------------------------------
  • with the proviso that items j) to m) above do not apply to credit facility agreements, maintenance services, including overhauls, geophysical, drilling or well services or projects, or to any related services or deliveries, and that item m) does not also apply to a foreign Subsidiary's activities in connection with the execution of contracts and agreements related to the administration of the Subsidiary's organisation in the ordinary course of its business, including employment contracts, use of assets where the related liabilities do not exceed EUR 5,000,000, or general and administrative expenses; ------
  • 3) a company which operates a natural gas distribution system if the matter to be voted on concerns: ---------------------------------------------------------------------------------------------------
  • a) approval of the company' annual budgets, -----------------------------------------------------
  • b) approval of the company's long-term strategy, ----------------------------------------------
  • c) amendments to the company's articles of association, -------------------------------------
  • d) increase or reduction in the company's share capital, --------------------------------------
  • e) merger, transformation or demerger of the company, --------------------------------------
  • f) disposal of company shares, ---------------------------------------------------------------------
  • g) disposal or lease of, or creation of limited property rights in, the company's business or any organised part thereof, --------------------------------------------------------------------
  • h) dissolution and liquidation of the company, ---------------------------------------------------
  • i) entry into an obligational relationship with a foreign entity for, or in connection with, the planning, review, construction, expansion or disposal of a distribution network, interconnector or direct line as defined in the Energy Law where the present value of such infrastructure or, for new projects, including projects being planned, its estimated value exceeds the PLN equivalent of EUR 500,000, save where the obligational relationship to be entered into arises under or in relation to a credit

facility agreement, maintenance services, including overhauls, infrastructure servicing work or projects, or to any related services or deliveries; ----------------------

  • 4) a company which operates a natural gas storage system if the matter to be voted on concerns: ------------------------------------------------------------------------------------------------------
  • a) amendments to the company's articles of association, -------------------------------------
  • b) increase or reduction in the company's share capital, --------------------------------------
  • c) merger, transformation or demerger of the company, --------------------------------------
  • d) disposal of company shares, ---------------------------------------------------------------------
  • e) disposal or lease of, or creation of limited property rights in, the company's business or any organised part thereof, ---------------------------------------------------------------------
  • f) dissolution and liquidation of the company, ----------------------------------------------------
  • g) entry into an obligational relationship with a foreign entity for, or in connection with, the development, review, construction, expansion or disposal of a storage facility as defined in the Energy Law where the present value of such infrastructure or, for new projects, including projects being planned, its estimated value exceeds the PLN equivalent of EUR 500,000, save where the obligational relationship to be entered into arises under or in relation to a credit facility agreement, maintenance services, including overhauls, or infrastructure servicing work or projects; -------------------------

The PLN equivalent of the above threshold in EUR shall be determined at the mid EUR to PLN exchange rate as announced by the National Bank of Poland on the day immediately preceding the date of submitting a relevant request for consent to the Supervisory Board or on the date on which the Management Board determines that in view of its value, a given transaction or action does not require such consent. -------------------------------------------------

    1. conclusion of an agreement for legal services, marketing services, public relations and communication services, and management consultancy services, if the total expected fees for providing services under such agreement or under other agreements concluded with the same entity exceed PLN 500,000.00, VAT exclusive, per year; -----------------------------------
    1. amendments to agreements for legal services, marketing services, public relations and communication services, and management consultancy services, which increase the amount of fees above the amount specified in item 9; -----------------------------------------------
    1. conclusion of an agreement for legal services, marketing services, public relations and communication services, and management consultancy services, which does not specify the maximum amount of fees payable thereunder; ----------------------------------------------------
    1. conclusion of a donation agreement or any other agreement having a similar effect, with a value exceeding PLN 20,000 or 0.1% of total assets, within the meaning of the Accounting Act of 29 September 1994, as reported in the most recent financial statements approved by the General Meeting; -----------------------------------------------------------------------------------------
    1. conclusion of a debt cancellation agreement or any other agreement having a similar effect, with a value exceeding PLN 50,000 or 0.1% of total assets, within the meaning of the Accounting Act of 29 September 1994, as reported in the most recent financial statements approved by the General Meeting; ------------------------------------------------------------------------
    1. payment of interim dividend. --------------------------------------------------------------------------------

12a

If the Supervisory Board does not consent to a given action, the Management Board may request that the General Meeting pass a resolution granting consent to such action. ---------------------------- 13

As long as the State Treasury is entitled to appoint a member of the Supervisory Board, the passage of a resolution granting consent to any of the actions referred to in Art. 8.12.5 hereof shall require that Supervisory Board member vote in favour of such resolution. -----------------------------

14

At the request of at least two of its members, the Supervisory Board shall be required to consider undertaking supervisory measures specified in the request. -------------------------------------------------

15

Supervisory Board members delegated to individually perform certain supervisory functions on a permanent basis shall be bound by the same non-compete obligation as Management Board members and shall be subject to restrictions on involvement in competitors of the Company. ------

Article 9

Management Board

1

    1. The Management Board shall consist of five to eleven members, including President, Vice Presidents, and other members of the Management Board. ----------------------------------------
    1. Subject to Art. 9.1.3 hereof, Management Board members shall be appointed and removed by the Supervisory Board. A member of the Management Board shall be appointed following a recruitment process conducted to verify and evaluate the qualifications of the candidates and to select the best candidate for the position of Management Board member. When initiating a recruitment process for the position of a Management Board member, the Supervisory Board shall determine the detailed terms and procedure of recruitment, the place and deadline for accepting applications, the place and time of interviewing the candidates, the matters to be covered during such interviews, as well as the criteria to be met by and the method of evaluating the candidates. ------------------------------------------------
    1. One member of the Management Board shall be appointed by the entity authorised to exercise the rights attached to the shares held by the State Treasury, as long as the State Treasury holds at least one share in the Company. The Supervisory Board shall have the right to remove such member. ------------------------------------------------------------------------------
    1. A candidate to the Management Board shall meet all of the following criteria: -----------------
  • 1) He/she has a university degree obtained in Poland or a university degree obtained abroad and recognised in Poland under separate laws and regulations; ---------------
  • 2) He/she has at least five years' experience working under a contract of employment, including a contract of employment with a cooperative as a member thereof, serving in an elected or appointed position, providing services under other agreement, and/or transacting business as a sole trader; -------------------------------------------------
  • 3) He/she has at least three years' experience serving in managerial or independent positions or transacting business as a sole trader;-------------------------------------------
  • 4) He/she meets requirements under separate laws and regulations, other than the requirements listed in items 1−3 above; in particular, he/she is not in breach of any

restrictions or prohibitions on serving on the management bodies of commercial-law companies. --------------------------------------------------------------------------------------------

    1. No person meeting any of the following criteria may be considered as a candidate to the Management Board: ------------------------------------------------------------------------------------------
  • 1) He/she works at the office of a member of the lower or upper house of the Polish Parliament (Sejm or Senate) or of a member of the European Parliament as a volunteer assistant or under an employment, temporary employment or similar contract; ------------------------------------------------------------------------------------------------
  • 2) He/she is a member of a political party's body representing the party before third parties and authorised to assume obligations on the party's behalf; --------------------
  • 3) He/she works for a political party under an employment, temporary employment or similar contract; ---------------------------------------------------------------------------------------
  • 4) He/she holds an elected position in a trade union operating at the Company or any Group company; --------------------------------------------------------------------------------------
  • 5) His/her social activities or profession give rise to a conflict of interest with the Company. ----------------------------------------------------------------------------------------------

2

The Supervisory Board shall represent the Company in agreements and contracts between the Company and Management Board members, including agreements governing the terms and conditions of their employment. Such contracts and agreements shall be signed on behalf of the Supervisory Board by two members thereof, who have been duly authorised to sign them pursuant to a Supervisory Board resolution. ----------------------------------------------------------------------------------

3

    1. Management Board members shall be appointed for a joint term of office expiring on the date of the Annual General Meeting that receives the financial statements for the second full financial year of the term. 7 June 2008 shall be deemed to be the beginning of a joint term of office as defined above.------------------------------------------------------------------------------------------
    1. President, Vice Presidents and other members of the Management Board, as well as the Management Board as a whole, may be suspended from duties at any time by the Supervisory Board for a good cause. -------------------------------------------------------------------------
    1. If President of the Management Board is suspended from duties or removed from office, or his or her mandate otherwise expires before the end of the Management Board's term, until new President is appointed or existing President resumes his/her duties following suspension, all of President's powers, excluding the casting vote power referred to in Art. 9.5.2 hereof, shall be exercised by a person appointed acting President of the Management Board pursuant to a Supervisory Board resolution. ----------------------------------------------------------------------------------

4

The authority to sign (i.e. make declarations of intent) for the Company shall vest in: -----------------

  • two members of the Management Board acting jointly, or ---------------------------------------------------
  • one member of the Management Board acting jointly with a Commercial Proxy. ----------------------

The signature of one member of the Management Board shall be sufficient for the Company to effectively assume an obligation or enter into a legal transaction in the ordinary course of business where the value of such obligation or transaction does not exceed PLN 100,000 (one hundred thousand złoty). ----------------------------------------------------------------------------------------------------------

    1. President of the Management Board shall direct the Management Board's activities. President's specific powers in this respect shall be defined by the Rules of Procedure for the Management Board. -------------------------------------------------------------------------------------
    1. Management Board resolutions shall be passed by a simple majority of votes. In the event of a tied vote, President of the Management Board shall have the casting vote. --------------
    1. The Management Board shall adopt organisational rules for the Company's business. --------
    1. The Management Board may vote on resolutions using means of remote communication. -

6

The Management Board shall adopt the Rules of Procedure for the Management Board, specifying in detail the organisation of the Management Board and the procedures to be followed by the Management Board in managing the Company's affairs, including the manner of voting on resolutions under Art. 9.5.4 hereof; the Rules of Procedure and any amendments thereto shall become effective upon approval by the Supervisory Board. --------------------------------------------------

7

The passage of a resolution by the Management Board shall be required for any of the following matters: --------------------------------------------------------------------------------------------------------------------

    1. Any matters falling outside the ordinary course of business, as specified in the Rules of Procedure for the Management Board; -----------------------------------------------------------------------
    1. Disposal of real property or a perpetual usufruct title to or other interest in real property, subject to the condition that where the net carrying amount of a real property exceeds PLN 2,000,000 (two million złoty), such disposal shall require prior consent of the Supervisory Board; -----------
    1. Acquisition of real property or a perpetual usufruct title to or other interest in real property, subject to the condition that where the net purchase price of a real property exceeds one-fortieth of the Company's share capital, such acquisition shall require prior consent of the Supervisory Board; ------------------------------------------------------------------------------------------------------------------
    1. Such matters as are referred to in Art. 2.6 hereof. -----------------------------------------------------------

7a

    1. The Management Board shall be authorised to pass a resolution on the distribution of interim dividend to shareholders, provided that the Company holds sufficient funds to do so. Payment of interim dividend shall require prior consent of the Supervisory Board. -----------------------------
    1. Interim dividend may be paid if the Company's financial statements for the previous financial year, as approved by the General Meeting, show a net profit. Interim dividend may not exceed half of the profit earned from the end of the previous financial year, as disclosed in the audited financial statements, increased by the amount of capital reserves created from profits, which may be used by the Management Board to pay out interim dividend, and reduced by the amount of any uncovered losses and treasury shares. --------------------------------------------------------------

8

The powers and authority of the Management Board to manage the Company's affairs shall be limited by applicable laws and regulations, the provisions of these Articles of Association, and General Meeting resolutions. -----------------------------------------------------------------------------------------

The Management Board shall prepare and adopt annual and long-term budgets and growth strategies for the Company, whose form, scope and submission dates shall be defined by the Supervisory Board. -----------------------------------------------------------------------------------------------------

10

The Management Board shall prepare and present to the Supervisory Board: --------------------------

    1. Full-year financial statements of the Company and the Directors' Report on the Company's operations − within three months from the end of each financial year; ---------------------------
    1. Full-year financial statements of the Group for the previous financial year and the Directors' Report on the Group's operations − within six months from the end of each financial year. ---------------------------------------------------------------------------------------------------------------------

11

The Management Board shall prepare and submit to the General Meeting and the Supervisory Board, along with the Directors' Report on the Company's operations in the previous financial year, a report on entertainment expenses, legal costs, marketing costs, public relations and communication expenses, and management consultancy fees, as well as a report on application of best practices referred to in Art. 7.3 of the Act on State Property Management of 16 December 2016 to the extent they are applicable to the Company. ------------------------------------------------------- The reports should be prepared with due regard for the need not to disclose privileged information,

including, without limitation, such information as is specified in Art. 428 of the Commercial Companies Code. -------------------------------------------------------------------------------------------------------

11a

    1. The Management Board shall provide the Supervisory Board, without any notice therefrom, with information on: --------------------------------------------------------------------------------------------
  • a) resolutions passed by the Management Board, including the matters resolved on; --------
  • b) the condition of the Company, including with respect to its assets, and any material circumstances relating to the management of the Company, including, without limitation, its operations, investment projects and human resources; -----------------------------------------------
  • c) progress in the implementation of the Company's Strategy as referred to in Art. 9.9 hereof, including on any deviations from the targets or objectives assumed under the Strategy and the reasons for such deviations; ----------------------------------------------------------------------------
  • d) transactions and other events or circumstances which materially affect, or may materially affect, the Company's assets, including its profitability or liquidity; ----------------------------------
  • e) any changes in any information that has been previously communicated to the Supervisory Board if such changes have, or are likely to have, a material effect on the Company's condition. ----------------------------------------------------------------------------------------------------------
    1. The reporting obligation as laid down in Art. 9.11a.1 shall also apply to information which the Management Board may have on subsidiaries of the Company to the extent that such information is material thereto. -------------------------------------------------------------------------------
    1. The Supervisory Board shall pass a resolution to define the detailed scope and form of and set the deadline for submission of information referred to in Art. 9.11a.1. -------------------------
    1. At the request of the State Treasury exercising its personal rights as a shareholder in the Company, the Management Board shall prepare and submit to the State Treasury, in accordance with Art. 9.12.3 hereof, detailed information on the performance by the Company of certain tasks to enhance Poland's energy security. --------------------------------------------------------
    1. No later than within two months from the close of the Annual General Meeting which receives the Directors' Report on the Company's operations, the Management Board shall, in accordance with Art. 9.12.3 hereof, prepare and provide to the State Treasury, in fulfilment of the personal rights held by it in the Company as its shareholder, information on: ------------------------------------
  • 1) implementation by the Company of any strategic investment projects or its involvement in any investment projects which are necessary to ensure Poland's energy security, -------------
  • 2) entry by the operator or owner of a distribution system or interconnector into an obligational relationship with a foreign entity for, or in connection with, the planning, review, construction, expansion or disposal of a transmission network, distribution network, interconnector or direct line as defined in the Energy Law where the present value of such infrastructure or, for new projects, including projects being planned, its estimated value exceeds the PLN equivalent of EUR 500,000, -------------------------------------------------------------------------------------------------
  • 3) entry by the operator or owner of a storage facility into an obligational relationship with a foreign entity for, or in connection with, the development, review, construction, expansion or disposal of storage facilities as defined in the Energy Law where the present value of such infrastructure or, for new projects, including projects being planned, its estimated value exceeds the PLN equivalent of EUR 500,000, -----------------------------------------------------------
  • 4) entry by the owner of a generation or cogeneration unit into an obligational relationship with a foreign entity for, or in connection with, the development, review, construction, expansion or disposal of a generation or cogeneration unit as defined in the Energy Law where the present value of such infrastructure or, for new projects, including projects being planned, its estimated value exceeds the PLN equivalent of EUR 500,000, or ----------------------------------
  • 5) entry into an obligational relationship with a foreign entity for, or in connection with, hydrocarbon exploration, appraisal or production as defined in the Geological and Mining Law where the value of the relationship exceeds the PLN equivalent of EUR 5,000,000, -----
  • with the proviso that information whose provision is required under items 1) to 5) above shall not include information on credit facility agreements, maintenance services, including overhauls, geophysical, drilling or well services or projects, or any related services or deliveries, and also that information whose provision is required under item 5) above shall not include information on any foreign subsidiary's activities in connection with the execution of contracts and agreements related to the administration of the subsidiary's organisation in the ordinary course of its business, including employment contracts, use of assets where the related liabilities do not exceed EUR 5,000,000, or general and administrative expenses. ---------------------------------

The PLN equivalent of the above threshold in EUR shall be determined at the mid EUR to PLN exchange rate as announced by the National Bank of Poland on the date on which the reporting obligation under this Art. 9.12 arises. ---------------------------------------------------------------------------

  1. The Management Board shall submit such annual information as is referred to in Art. 9.12.1 hereof to the entity authorised under applicable legislation to exercise rights attached to Company shares held by the State Treasury and to the minister responsible for energy affairs under the laws and regulations governing the division of powers and responsibilities among governmental departments and other central governmental authorities. ------------------------------

13

    1. In fulfilment of the personal rights held by the State Treasury in the Company as its shareholder, the Management Board shall, no later than within 21 days from the close of the General Meeting of a Related Party or Subsidiary of the Company held for the following business: --------------------------------------------------------------------------------------------------------
  • 1) a strategic investment project or the Company's involvement in investment projects which are necessary to ensure Poland's energy security, ------------------------------------------------
  • 2) entry by the operator or owner of a distribution system or interconnector into an obligational relationship with a foreign entity for, or in connection with, the planning, review, construction, expansion or disposal of a transmission network, distribution network, interconnector or direct line as defined in the Energy Law where the present value of such infrastructure or, for new projects, including projects being planned, its estimated value exceeds the PLN equivalent of EUR 500,000, --------------------------------
  • 3) entry by the operator or owner of a storage facility into an obligational relationship with a foreign entity for, or in connection with, the development, review, construction, expansion or disposal of storage facilities as defined in the Energy Law where the present value of such infrastructure or, for new projects, including projects being planned, its estimated value exceeds the PLN equivalent of EUR 500,000, ----------------------------------------------
  • 4) entry by the owner of a generation or cogeneration unit into an obligational relationship with a foreign entity for, or in connection with, the planning, review, construction, expansion or disposal of a generation or cogeneration unit as defined in the Energy Law where the present value of such infrastructure or, for new projects, including projects being planned, its estimated value exceeds the PLN equivalent of EUR 500,000, --------
  • 5) entry into an obligational relationship with a foreign entity for, or in connection with, hydrocarbon exploration, appraisal or production as defined in the Geological and Mining Law where the value of the relationship exceeds the PLN equivalent of EUR 5,000,000, or --------------------------------------------------------------------------------------------------------------
  • 6) approval of annual budgets, -----------------------------------------------------------------------------

provide to the State Treasury detailed information on any decisions made by that General Meeting on such matters as are referred to in Art. 9.13.1.1–6 hereof, including an assessment of their implications for Poland's energy security as referred in Art. 2.5 hereof, with the proviso that information whose provision is required under this Art. 9.13.1 shall not include information on credit facility agreements, maintenance services, including overhauls, geophysical, drilling or well services or projects, or any related services or deliveries, and also that information whose provision is required under item 5) above shall not include information on the activities of any foreign Subsidiary of the Company or of such company as is referred to above in connection with the execution of contracts and agreements related to the administration of the subsidiary's organisation in the ordinary course of its business, including employment contracts, use of assets where the related liabilities do not exceed EUR 5,000,000, or general and administrative expenses. -----------

The PLN equivalent of the above threshold in EUR shall be determined at the mid EUR to PLN exchange rate as announced by the National Bank of Poland on the date on which the reporting obligation under this Art. 9.12 arises. --------------------------------------------------------

    1. After the end of each quarterly period, the Management Board shall, by the end of the month in which the periodic report for that period is released on the Warsaw Stock Exchange, prepare and submit, or procure the preparation and submission, to the Authorised Entity and the minister responsible for energy affairs an economic and financial analysis of the Company and its Related Parties acting as distribution or storage system operators.--------
    1. Such information as is referred to in Art. 9.13.1 and Art. Art. 9.13.2 hereof shall be submitted to the entity authorised under applicable legislation to exercise rights attached to Company shares held by the State Treasury and to the minister responsible for energy affairs under the laws and regulations governing the division of powers and responsibilities among governmental departments and other central governmental authorities. -------------------------

14

Following expiry of the personal rights held by the State Treasury as a shareholder in the Company, as provided for in Art. 9.12 and Art. 9.13 hereof, upon disposal by the State Treasury of all of its shares in the Company, the obligation to provide annual information to the State Treasury pursuant to those provisions shall be transformed into an obligation towards (and the right of) the State Treasury as a third party and as such shall be performed by submitting such information only to the minister responsible for energy affairs under the laws and regulations governing the division of powers and responsibilities among governmental departments and other central governmental authorities unless required otherwise by the State Treasury. ------------------------------------------------

Article 10 Rules for disposal of non-current assets

1

Non-current assets as defined in the Accounting Act of 29 September 1994, with a market value exceeding 0.1% of the Company's total assets, as reported in the Company's most recent financial statements approved by the General Meeting, may only be disposed of by means of a tender or auction unless the market value of the assets to be disposed of is PLN 20,000 or less. --------------

2

The Company may dispose of non-current assets without carrying out a tender or auction if: -------

  • 1) the assets to be disposed of are shares or other non-current financial assets, or licences, patents or other industrial property rights or know-how, and the terms of the disposal and the sale procedure other than a tender or auction are defined in the detailed rules for the disposal of non-current assets as approved by the Supervisory Board; ---------------------------------------------------------------------------------------------------
  • 2) the disposal is to be effected as part of liquidation proceedings, on the terms specified in a General Meeting resolution in compliance with applicable laws and regulations; --------------------------------------------------------------------------------------------
  • 3) the assets to be disposed of are residential units owned by the Company, which are to be sold for a price equal to or higher than 50% of their market value to their tenant(s) or their close relative permanently cohabiting with them as defined in Art. 4.13 of the Property Management Act of 21 August 1997; the price shall be determined taking into account the fact that the residential units to be sold are

  • occupied; the value of any improvements made by the tenant shall be applied towards payment of the price of the unit; -------------------------------------------------------

  • 4) in any other justified cases, subject to prior consent of the Supervisory Board; ------
  • 5) the disposal is made to a subsidiary; ------------------------------------------------------------
  • 6) the assets to be disposed of are CO2 emission allowances or their equivalents. ----

3

Detailed rules for the disposal of non-current assets as referred to in Art. 10.1 and the rules referred to in Art. 10.2.1. shall be prepared by the Management Board and approved by the Supervisory Board. ----------------------------------------------------------------------------------------------------------------------

Article 11

The Management Board shall take steps with a view to introducing into the articles of association of companies of which the Company is the parent as defined in Art. 4.3 of the Act on Competition and Consumer Protection of 16 February 2007, the principles defined in Art. 17.1-4, Art. 17.6 and Art. 17.6a of the Act on State Property Management of 16 December 2016, with due regard for the provisions of Art. 17.5, Art. 18.1, Art. 19.1-3, Art. 19.5 and Art. 22 thereof, as well as the obligation to immediately remove any member of such company's supervisory body who fails to meet the requirements set out in the company's articles of association. -----------------------------------------------

Article 12 Company duration and financial year

1

The Company's duration shall be unlimited. ----------------------------------------------------------------------

2

The Company's financial year shall coincide with the calendar year." -------------------------------------

Section 2

This Resolution shall come into force upon its adoption, with effect from the date when the amendments made to the Company's Articles of Association pursuant to the Resolutions no 5 and no 6 of the Extraordinary General Meeting of ORLEN Spółka Akcyjna dated 28 October 2025 are entered in the Business Register of the National Court Register.

Number of shares validly voted: 872 113 618

Percentage of share capital represented by validly voted shares: 75,12%

Total number of valid votes: 872 113 618

Votes in favour: 784 096 858 Votes against: 87 945 120

Abstentions: 71 640

OF THE EXTRAORDINARY GENERAL MEETING OF ORLEN SPÓŁKA AKCYJNA (the "Company"),

dated 28 October 2025,

to seek compensation for losses incurred by the Company due to misconduct by members of the Management Board in their capacity as such

Section 1

Pursuant to Art. 393.2 of the Commercial Companies Code and Art. 7.7.6 of the Company's Articles of Association, the Extraordinary General Meeting of ORLEN S.A. hereby resolves that ORLEN S.A. shall pursue claims for losses incurred by the Company as a result of actions taken by Daniel Obajtek, former President of the ORLEN S.A. Management Board, in his capacity as such, and accordingly authorises the Management Board of ORLEN S.A. to bring claims against Daniel Obajtek for:

  • misappropriating ORLEN S.A.'s assets to cover personal expenses, unrelated to his service in the capacity of President of the ORLEN S.A. Management Board, during his term in office;
  • misapplying, and failing to exercise adequate oversight of the application of, the Company's fuel pricing policy on the Polish market in the second half of 2023, which manifested in ORLEN S.A.'s unreasonable underselling of fuels in wholesale trade against its best interest;
  • failing to exercise adequate oversight of the application by ORLEN Trading Switzerland GmbH of resources made available thereto by ORLEN S.A. under intra-Group financing arrangements, which resulted in these resources being misapplied and becoming unrecoverable for ORLEN S.A.

Section 2

The decision to pursue claims also extends to losses caused by events that occurred in the financial years for which Daniel Obajtek was granted discharge from liability by the General Meeting, as the General Meeting had not been adequately notified of those events and their consequences prior to resolving on the discharge.

Section 3

This Resolution shall take effect upon adoption.

Number of shares validly voted: 872 113 618

Percentage of share capital represented by validly voted shares: 75,12%

Total number of valid votes: 872 113 618

Votes in favour: 872 044 928

Votes against: 5 Abstentions: 68 685

The resolution has been passed in secret ballot.

Objection to the resolution was filed.

OF THE EXTRAORDINARY GENERAL MEETING OF ORLEN SPÓŁKA AKCYJNA (the "Company"),

dated 28 October 2025,

to seek compensation for losses incurred by the Company due to misconduct by members of the Management Board in their capacity as such

Section 1

Pursuant to Art. 393.2 of the Commercial Companies Code and Art. 7.7.6 of the Company's Articles of Association, the Extraordinary General Meeting of ORLEN S.A. hereby resolves that ORLEN S.A. shall pursue claims for losses incurred by the Company as a result of actions taken by Michał Róg, former Member of the ORLEN S.A. Management Board, in his capacity as such, and accordingly authorises the Management Board of ORLEN S.A. to bring claims against Michał Róg for:

  • misappropriating ORLEN S.A.'s assets to cover personal expenses, unrelated to his service in the capacity of Member of the ORLEN S.A. Management Board, during his term in office;
  • misapplying, and failing to exercise adequate oversight of the application of, the Company's fuel pricing policy on the Polish market in the second half of 2023, which manifested in ORLEN S.A.'s unreasonable underselling of fuels in wholesale trade against its best interest;
  • failing to exercise adequate oversight of the application by ORLEN Trading Switzerland GmbH of resources made available thereto by ORLEN S.A. under intra-Group financing arrangements, which resulted in these resources being misapplied and becoming unrecoverable for ORLEN S.A.

Section 2

The decision to pursue claims also extends to losses caused by events that occurred in the financial years for which Michał Róg was granted discharge from liability by the General Meeting, as the General Meeting had not been adequately notified of those events and their consequences prior to resolving on the discharge.

Section 3

This Resolution shall take effect upon adoption.

Number of shares validly voted: 872 113 618

Percentage of share capital represented by validly voted shares: 75,12%

Total number of valid votes: 872 113 618

Votes in favour: 872 044 922

Votes against: 5 Abstentions: 68 691

The resolution has been passed in secret ballot.

Objection to the resolution was filed.

OF THE EXTRAORDINARY GENERAL MEETING OF ORLEN SPÓŁKA AKCYJNA (the "Company")

dated 28 October 2025,

to approve the disposal of a registered branch operating as ORLEN Spółka Akcyjna – Oddział Laboratorium Pomiarowo Badawcze PGNiG (Measurement and Testing Laboratory Branch) of Warsaw, with its registered office at ul. Marcina Kasprzaka 25, 01-224 Warsaw (the "Branch"), to Polska Spółka Gazownictwa Sp. z o.o. of Tarnów (Number in the National Court Register: KRS 0000374001) ("PSG"), with the disposal to be effected by contributing the Branch to PSG as a contribution in kind and subscribing for all newly issued shares in the increased share capital of PSG

The Extraordinary General Shareholders' Meeting, acting according to the Article 393(3) of the Code of Commercial Partnerships and Companies and § 7 section (7) and (15) of the Articles of Association of the Company, hereby adopts as follows:

Section 1

    1. The Extraordinary General Shareholders' Meeting of the Company approves the disposal to PSG, which is part of the Capital Group of the Company and performs the function of an operator of natural gas distribution system under generally applicable regulations, of which the Company is the sole shareholder, of the Branch that performs the function of a calibration laboratory, testing laboratory and product certification unit, which constitutes an organised part of the enterprise of the Company, as defined in the section 2 below, by contributing the Branch to PSG as an in-kind contributionand taking up in exchange 44.760 (in words: forty-four thousand seven hundred and sixty) new shares with a total nominal value of PLN 2,238,000 (in words: two million two hundred and thirty-eight thousand Polish zlotys), in the increased share capital of PSG ('the Transaction'). The nominal value of each new share in the share capital of PSG shall amount to PLN 50.00 (fifty Polish zlotys).
    1. As of the date of the Resolution, the Branch subject to the Transaction consists in particular of the following components:
  • a) ownership rights to fixed assets listed in the fixed asset account used by the Company to operate the Branch;
  • b) ownership rights to current assets used by the Company to operate the Branch;
  • c) ownership rights to movable property listed in the equipment record used by the Company to operate the Branch;
  • d) all intellectual property rights in relation to all objects of such rights related to the operation of the Branch and all other intangible assets constituting intangible assets, including trade secrets, relating exclusively to the Branch;
  • e) debts and other rights, as well as obligations under contracts relating to the operation of the Branch, including in particular those arising from commercial

  • contracts, lease contracts, utility contracts, concluded both with external entities and with companies from the capital group of the Company;

  • f) claims to which the Company is entitled in relation to third parties in connection with assets and rights arising from the operation of the Branch, including rights under statutory warranty or guarantee;
  • g) other rights and debts (including trade receivables, funds in cash in bank accounts) related to the Branch;
  • h) administrative decisions issued by public administration authorities, necessary for the operation of the Branch, for which no restrictions on their transfer to another entity arise from specific provisions of administrative law governing their issuance or from their content itself;
  • i) source documents relating to the conduct of economic activities within the Branch, including contracts, lists, and accounting and bookkeeping records.
    1. The disposal of the Branch as described in this Resolution shall take place at the fair value of the Branch as estimated by an independent advisor as of 31 July 2025, taking into account the Branch's ongoing investment projects.

Section 2

This Resolution shall take effect upon adoption.

Number of shares validly voted: 872 113 618

Percentage of share capital represented by validly voted shares: 75,12%

Total number of valid votes: 872 113 618

Votes in favour: 813 897 877

Votes against: 5

Abstentions: 58 215 736

OF THE EXTRAORDINARY GENERAL MEETING OF ORLEN SPÓŁKA AKCYJNA (the "Company"),

dated 28 October 2025,

to cover the cost of convening and holding the General Meeting

Section 1

Pursuant to Art. 400.4 of the Commercial Companies Code, the Extraordinary General Meeting of the Company hereby resolves that the Company shall cover the costs of convening and holding the Extraordinary General Meeting.

Section 2

This Resolution shall take effect upon adoption.

Number of shares validly voted: 872 113 618

Percentage of share capital represented by validly voted shares: 75,12%

Total number of valid votes: 872 113 618

Votes in favour: 757 037 659 Votes against: 113 721 885 Abstentions: 1 354 074

OF THE EXTRAORDINARY GENERAL MEETING OF ORLEN SPÓŁKA AKCYJNA (the "Company"),

dated 28 October 2025,

regarding the break in the Extraordinary General Meeting

Section 1

The Extraordinary General Meeting of ORLEN S.A., announces a break in the Extraordinary General Meeting by 12 November 2025 to 11:00 a.m. The Extraordinary General Meeting will be continued in Płock, at the registered office of the Company, in the building of the Administration Centre, room no. 1, ul. Chemików 7, 09-411 Płock.

Section 2

This resolution shall come into force upon its adoption.

Number of shares validly voted: 872 112 628

Percentage of share capital represented by validly voted shares: 75,12%

Total number of valid votes: 872 112 628

Votes in favour: 0

Votes against: 586 342 420 Abstentions: 285 770 208

The resolution has not been passed.

OF THE EXTRAORDINARY GENERAL MEETING OF ORLEN SPÓŁKA AKCYJNA (the "Company"),

dated 28 October 2025,

to determine the number of Supervisory Board Members

Section 1

Pursuant to Section 14.2 of the Rules of Procedure for the General Meeting of the Company, the Extraordinary General Meeting hereby resolves that the Supervisory Board of ORLEN S.A. shall consist of 11 members.

Section 2

This Resolution shall take effect upon adoption.

Number of shares validly voted: 872 112 628

Percentage of share capital represented by validly voted shares: 75,12%

Total number of valid votes: 872 112 628

Votes in favour: 745 474 622 Votes against: 115 834 854 Abstentions: 10 803 152

OF THE EXTRAORDINARY GENERAL MEETING OF ORLEN SPÓŁKA AKCYJNA (the "Company"),

dated 28 October 2025,

to dismiss Member of the Supervisory Board

Section 1

Pursuant to Art. 385.1 of the Commercial Companies Code and Art. 8.2.2 and Art. 8.4 of the Company's Articles of Association, the Extraordinary General Meeting of the Company hereby resolves to dismiss Mr Wojciech Popiołek from the Supervisory Board.

Section 2

This Resolution shall take effect upon adoption.

Number of shares validly voted: 872 112 628

Percentage of share capital represented by validly voted shares: 75,12%

Total number of valid votes: 872 112 628

Votes in favour: 626 589 097 Votes against: 125 761 655 Abstentions: 119 761 876

OF THE EXTRAORDINARY GENERAL MEETING OF ORLEN SPÓŁKA AKCYJNA (the "Company"),

dated 28 October 2025,

to dismiss Member of the Supervisory Board

Section 1

Pursuant to Art. 385.1 of the Commercial Companies Code and Art. 8.2.2 of the Company's Articles of Association, the Extraordinary General Meeting of the Company hereby resolves to dismiss Mr Michał Gajdus from the Supervisory Board.

Section 2

This Resolution shall take effect upon adoption.

Number of shares validly voted: 872 112 628

Percentage of share capital represented by validly voted shares: 75,12%

Total number of valid votes: 872 112 628

Votes in favour: 626 589 097 Votes against: 125 761 655 Abstentions: 119 761 876

RESOLUTION NO. 15 OF THE EXTRAORDINARY GENERAL MEETING OF ORLEN SPÓŁKA AKCYJNA (the "Company"),

dated 28 October 2025,

to dismiss Member of the Supervisory Board

Section 1

Pursuant to Art. 385.1 of the Commercial Companies Code and Art. 8.2.2 of the Company's Articles of Association, the Extraordinary General Meeting of the Company hereby resolves to dismiss Mr Kazimierz Mordaszewski from the Supervisory Board.

Section 2

This Resolution shall take effect upon adoption.

Number of shares validly voted: 872 112 628

Percentage of share capital represented by validly voted shares: 75,12%

Total number of valid votes: 872 112 628

Votes in favour: 626 589 097 Votes against: 125 761 655 Abstentions: 119 761 876

OF THE EXTRAORDINARY GENERAL MEETING OF ORLEN SPÓŁKA AKCYJNA (the "Company"),

dated 28 October 2025,

to appoint Chairman of the Supervisory Board

Section 1

Pursuant to Art. 385.1 of the Commercial Companies Code and Art. 8.4 of the Company's Articles of Association, the Extraordinary General Meeting of the Company hereby resolves to appoint Mr Przemysław Ciszak to the position of the Chairman of the Supervisory Board.

Section 2

This Resolution shall take effect upon adoption.

Number of shares validly voted: 872 112 628

Percentage of share capital represented by validly voted shares: 75,12%

Total number of valid votes: 872 112 628

Votes in favour: 626 573 557 Votes against: 101 576 350 Abstentions: 143 962 721

OF THE EXTRAORDINARY GENERAL MEETING OF ORLEN SPÓŁKA AKCYJNA (the "Company"),

dated 28 October 2025,

regarding the break in the Extraordinary General Meeting

Section 1

The Extraordinary General Meeting of ORLEN S.A., announces a break in the Extraordinary General Meeting by 13 November 2025 to 11:00 a.m. The Extraordinary General Meeting will be continued in Płock, at the registered office of the Company, in the building of the Administration Centre, room no. 1, ul. Chemików 7, 09-411 Płock.

Section 2

This resolution shall come into force upon its adoption.

Number of shares validly voted: 872 112 628

Percentage of share capital represented by validly voted shares: 75,12%

Total number of valid votes: 872 112 628

Votes in favour: 686 778 924

Votes against: 0

Abstentions: 185 333 704

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