Business Context and Reporting Period
This Form 6-K filing by Embraer S.A. (Embraer) was submitted on December 14, 2009, covering the month of December 2009. The document serves as a notice to shareholders regarding a corporate action approved by the Board of Directors on December 11, 2009.
Key Financial Metrics
The filing does not provide comprehensive financial statements, revenue, profit, cash flow, margins, debt, or liquidity metrics for the period. The only specific financial data disclosed relates to a distribution of Interest on Shareholders' Equity (JCP) for the fiscal year 2009:
- Total Distribution Amount: R$ 173,679,610.56
- Per Share Amount: R$ 0.24 per common share
- Per ADS Amount: R$ 0.96 per American Depositary Share (ADS)
- Tax Withholding: Subject to 15% withholding tax (or 25% for residents of tax havens), unless exempt.
Material Changes
The filing does not report material changes in operational performance, revenue, or profitability compared to prior periods. The primary material event is the authorization of the Interest on Shareholders' Equity distribution, which will be included in the calculation of mandatory dividends for the current fiscal year under Brazilian corporate legislation.
Guidance, Outlook, and Payment Schedule
Management commentary is limited to the mechanics of the distribution. The payment schedule is as follows:
- Record Dates: December 21, 2009 (BM&FBovespa common shares); December 24, 2009 (NYSE ADSs).
- Ex-Interest Date: December 22, 2009 (inclusive) for both exchanges.
- Payment Installments: Two equal installments of R$ 86,839,805.28 each.
- First Installment: July 20, 2010 (Brazil); July 27, 2010 (ADS holders).
- Second Installment: December 20, 2010 (Brazil); December 27, 2010 (ADS holders).
No specific risks, contingencies, or unusual items were disclosed in this specific filing.
Investor Verification Checklist
- Verify the record date (Dec 21/24, 2009) to confirm eligibility for the distribution.
- Confirm the ex-interest date (Dec 22, 2009) for trading purposes.
- Review tax implications based on residency status (15% vs. 25% withholding).
- Note that this distribution counts toward the mandatory dividend requirement for the 2009 fiscal year.
- Check subsequent filings for the actual payment dates in 2010.