This excerpt taken from the LUX 6-K filed Apr 2, 2009.
1. COMPANY'S STATUTORY FINANCIAL STATEMENTS FOR THE YEAR ENDED DECEMBER 31, 2008
Under Italian law, a statement of the Company's assets and liabilities prepared on an unconsolidated basis as of the last day of its most recently completed fiscal year in accordance with certain statutory accounting requirements (the "Statutory Financial Statements") according to the International Financial Reporting Standards principles ("IFRS") must be approved by shareholders at an ordinary meeting of shareholders.
Under Italian law, the Statutory Financial Statements are submitted for approval by the holders of Ordinary Shares. Once approved by the holders of Ordinary Shares, the Statutory Financial Statements must be filed with the Company's Register kept by the Chamber of Commerce in Milan.
The Company does not believe that its Statutory Financial Statements are as meaningful a statement of the Company's overall financial condition as that set forth in the consolidated financial statements of the Company referred to below. Accordingly, the Statutory Financial Statements are not being distributed to the holders of ADSs and such holders who will not attend the meeting personally are not being asked to direct the vote of the deposited Ordinary Shares, by mail, with respect to such Statutory Financial Statements. Nevertheless, the holders of ADSs who will attend the meeting personally and, upon fulfillment of the conditions described below are granted the right to vote thereat, shall be entitled to direct their vote for the approval of the Statutory Financial Statements. A copy of the Statutory Financial Statements, together with the reports of the Board of Directors, the Board of Statutory Auditors and the Company's Independent Registered Public Accounting Firm, as filed at the Company's registered office, shall be available on April 14, 2009, at least fifteen days before the date of the ordinary meeting on first call, and may be obtained without charge by any holder of ADSs. Requests for copies of the Statutory Financial Statements and such reports should be sent to, or requested by telephone from, the Company's registered office, Via C. Cantù 2, 20123 Milan, Italy, Tel. +39 02 8633 4069, Fax. +39 02 8633 4092. Such documentation may be obtained also from the Company's website www.luxottica.com.
Copies of the Statutory Financial Statements and such reports also will be available at the ordinary meeting.
The consolidated financial statements reflect the activity of the Company and of the group of companies owned, directly or indirectly, by the Company. The consolidated financial statements as of and for the fiscal year ending December 31, 2008 were prepared in accordance with IFRS and in accordance with United States generally accepted accounting principles ("U.S. GAAP") and in each case were audited by Deloitte & Touche S.p.A., an Independent Registered Public Accounting Firm, as stated in their report thereon (together, the "Consolidated Financial Statements").
Copies of the Consolidated Financial Statements and the reports thereon will be available at the ordinary meeting. However, no resolution of the shareholders approving the Consolidated Financial Statements is required and, accordingly, the Board will not ask the stockholders to vote thereon.