ACI » Topics » SECURITY OWNERSHIP OF CERTAIN BENEFICIAL OWNERS

This excerpt taken from the ACI DEF 14A filed Mar 12, 2009.
SECURITY OWNERSHIP OF CERTAIN BENEFICIAL OWNERS
 
The following table shows all persons or entities that we know were “beneficial owners” of more than five percent of our common stock on February 23, 2009.
 
                 
    Amount and Nature of
    Percent
 
Name and Address of Beneficial Owner
  Beneficial Ownership     of Class  
 
FMR LLC
82 Devonshire Street
Boston, Massachusetts 02109
    8,968,772(1 )     6.3 %
PRIMECAP Management Company
225 South Lake Avenue, #400
Pasadena, California 91101
    8,056,779(2 )     5.6 %
 
(1) Based on its filings with the Securities and Exchange Commission, Fidelity Management & Research Company, a subsidiary of FMR LLC and an investment adviser registered under Section 203 of the Investment Advisors Act of 1940, is the beneficial owner of 8,226,879 shares of our common stock as a result of acting as investment advisor to various investment companies registered under the Investment Company Act of 1940. Edward C. Johnson 3d and FMR LLC, through its control of Fidelity Management & Research Company, each has sole power to dispose of 8,226,879 shares of common stock. Neither FMR LLC nor Edward C. Johnson 3d has the sole power to vote or direct the voting of the shares owned directly by the funds, which power resides with the funds’ board of trustees.
 
Strategic Advisers, Inc., a subsidiary of FMR LLC and an investment adviser registered under Section 203 of the Investment Advisors Act of 1940, provides investment advisory services to individuals. Strategic Advisers, Inc. is the beneficial owner of 2,618 shares of our common stock. FIL Limited and various foreign-based subsidiaries of FMR LLC provide investment advisory and management services to a number of non-U.S. investment companies and certain institutional investors. FIL Limited is the beneficial owner of 739,275 shares of our common stock. Partnerships controlled predominantly by members of the family of Edward C. Johnson 3d, or trusts for their benefit, own shares of voting stock of Fidelity International Limited with the right to cast approximately 47% of the total votes which may be cast by all such holders.
 
(2) Based on its filings with the Securities and Exchange Commission, PRIMECAP Management Company, an investment adviser registered under Section 203 of the Investment Advisors Act of 1940, is the beneficial owner of 8,056,779 shares of our common stock as a result of acting as investment advisor to various clients. PRIMECAP Management Company has the sole power to vote 4,154,464 shares of common stock and the sole power to dispose of 8,056,779 shares of common stock.


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This excerpt taken from the ACI DEF 14A filed Mar 20, 2008.
Security Ownership of Certain Beneficial Owners
 
The following table shows all persons or entities that we know were “beneficial owners” of more than five percent of our common stock on February 25, 2008.
 
                 
    Amount and Nature of
    Percent
 
Name and Address of Beneficial Owner
  Beneficial Ownership     of Class  
 
FMR LLC
               
82 Devonshire Street
               
Boston, Massachusetts 02109
    21,463,485 (1)     15.0 %
Wellington Management Company, LLP
               
75 State Street
               
Boston, Massachusetts 02109
    8,434,845 (2)     5.9 %
Capital World Investors
               
333 South Hope Street
               
Los Angeles, California 90071
    7,800,000 (3)     5.5 %
 
(1) Based on its filings with the Securities and Exchange Commission, Fidelity Management & Research Company, a subsidiary of FMR LLC and an investment adviser registered under Section 203 of the Investment Advisors Act of 1940, is the beneficial owner of 19,410,017 shares of our common stock as a result of acting as investment advisor to various investment companies registered under the Investment Company Act of 1940. Edward C. Johnson 3d and FMR LLC, through its control of Fidelity Management & Research Company, each has sole power to dispose of 19,410,017 shares of common stock. Neither FMR LLC nor Edward C. Johnson 3d has the sole power to vote or direct the voting of the shares owned directly by the funds, which power resides with the funds’ board of trustees.
 
Strategic Advisers, Inc., a subsidiary of FMR LLC and an investment adviser registered under Section 203 of the Investment Advisors Act of 1940, provides investment advisory services to individuals. Strategic Advisers, Inc. is the beneficial owner of 278 shares of our common stock. Fidelity International Limited and various foreign-based subsidiaries of FMR LLC provide investment advisory and management services to a number of non-U.S. investment companies and certain institutional investors. Fidelity International Limited is the beneficial owner of 2,053,190 shares of our common stock. Partnerships controlled predominantly by members of the family of Edward C. Johnson 3d, or trusts for their benefit, own shares of voting stock of Fidelity International Limited with the right to cast approximately 47% of the total votes which may be cast by all such holders.
 
(2) Based on its filings with the Securities and Exchange Commission, Wellington Management Company, LLP, an investment adviser registered under Section 203 of the Investment Advisors Act of 1940, is the beneficial owner of 8,434,845 as a result of acting as investment advisor to various clients. Wellington Management Company, LLP shares the power to vote 5,668,133 shares of common stock and shares the power to dispose of 8,403,145 shares of common stock.
 
(3) Based on its filings with the Securities and Exchange Commission, Capital World Investors is the beneficial owner of 7,800,000 shares of our common stock as a result of Capital Research and Management Company acting as investment advisor to various investment companies registered under the Investment Company Act of 1940. Capital World Investors has the sole power to vote 3,000,000 shares of common stock and the sole power to dispose of 7,800,000 shares of common stock.


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Section 16(a) Beneficial Ownership Reporting Compliance
 
Section 16(a) of the Securities Exchange Act of 1934 requires our directors, executive officers and any persons beneficially holding more than ten percent of our common stock to report their ownership of common stock and any changes in that ownership to the Securities and Exchange Commission and the New York Stock Exchange. The Securities and Exchange Commission has established specific due dates for these reports, and we are required to report in this proxy statement any failure to file by these dates. Based solely on a review of the copies of the reports furnished to us and written representations that no other such statements were required, we believe that all such reports of our directors and executive officers were filed on a timely basis, except that a Form 4 reporting one transaction was filed on behalf of each non-employee director after the due date of the report.
 
Stockholder Proposals for the 2009 Annual Meeting
 
If you wish to submit proposals for possible inclusion in our 2009 proxy materials, we must receive them at our principal executive offices no later than the close of business on November 21, 2008. Proposals should be addressed to Robert G. Jones, Vice President-Law, General Counsel and Secretary, Arch Coal, Inc., One CityPlace Drive, Suite 300, St. Louis, Missouri 63141.
 
If you wish to nominate directors and/or propose proper business from the floor for consideration at the 2008 annual meeting of stockholders, our bylaws provide that:
 
  •  you must notify our Secretary in writing;
 
  •  your notice must have been received at our headquarters not earlier than January 24, 2009 and not later than February 13, 2009; and
 
  •  your notice must contain the specific information required in our bylaws.
 
We will send copies of these requirements to any stockholder who writes to us requesting this information. Please note that these three requirements apply only to matters that you wish to bring before your fellow stockholders at the 2009 annual meeting of stockholders without submitting them for possible inclusion in our 2009 proxy materials.


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