SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Report of Foreign Private Issuer
Pursuant to Rule 13a-16 or 15d-16 under the Securities Exchange Act of 1934
For the month of July, 2023.
Commission File Number 001-40736
(Translation of registrant’s name into English)
Claude Dornier Straße 1
Bldg. 335, 82234
Telephone: +49 160 9704 6857
(Address of principal executive office)
Indicate by check mark whether the registrant files or will file annual reports under cover of Form 20-F or Form 40-F. Form 20-F x Form 40-F ¨
On July 7, 2023, Lilium N.V. (the “Company”) held its annual general meeting of shareholders (the “Annual General Meeting”). Of the total of 403,226,042 of the Company’s shares A and shares B issued, outstanding and eligible to vote as of the record date of June 9, 2023, a quorum of 254,164,678 shares A and 23,113,065 shares B, or approximately 69%, voted at or were represented by proxy at the Annual General Meeting. A copy of the minutes of the proceedings of the Annual General Meeting is furnished as Exhibit 99.1 hereto. At the Annual General Meeting, the shareholders approved each of the voting items on the agenda, including:
|·||Re-appointment of Thomas Enders as Non-Executive Director for a period of 1 year;|
|·||Re-appointment of David Wallerstein as Non-Executive Director for a period of 1 year;|
|·||Re-appointment of Niklas Zennström as Non-Executive Director for a period of 1 year;|
|·||Re-appointment of Gabrielle Toledano as Non-Executive Director for a period of 1 year;|
|·||Re-appointment of Henri Courpron as Non-Executive Director for a period of 1 year;|
|·||Re-appointment of David Neeleman as Non-Executive Director for a period of 1 year;|
|·||Re-appointment of Margaret M. Smyth as Non-Executive Director for a period of 1 year;|
|·||Discussion and adoption of the 2022 financial statements;|
|·||Discharge of the Executive Directors;|
|·||Discharge of the Non-Executive Directors;|
|·||Designation of the Board as the competent body to issue shares and grant rights to subscribe for shares A in the share capital of the Company up to a maximum of 10% of the issued share capital of the Company at the date of the Annual General Meeting for a period of 36 months from the Annual General Meeting and to limit or exclude statutory pre-emptive rights related thereto; and|
|·||Reduction of issued share capital of the Company by a cancellation of 770,000 shares C held by the Company in treasury.|
Incorporation by Reference
The contents of this Report on Form 6-K (other than Exhibit 99.1 hereto) are hereby incorporated by reference into the Company’s registration statements on Form F-3 filed with the SEC on June 9, 2023 (File No. 333-272571), February 3, 2023 (File No. 333-269568), November 25, 2022, as amended or supplemented (File No. 333-268562), and October 3, 2022 (File Nos. 333-267718 and 333-267719), and the Company’s registration statement on Form S-8 filed with the SEC on November 18, 2021 (File No. 333-261175).
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.
|Dated: July 7, 2023||Lilium N.V.|
|By:||/s/ Klaus Roewe|
|Title:||Chief Executive Officer and Executive Director|
|Exhibit Number||Description of Document|
|99.1||Minutes of the Annual General Meeting of Shareholders of Lilium N.V.|
MINUTES OF THE ANNUAL GENERAL MEETING OF SHAREHOLDERS OF LILIUM N.V.
July 7, 2023
Roger Franks, Chief Legal Officer of Lilium N.V. (the “Company”), opened the annual general meeting of shareholders of the Company (the “Meeting”) as the chair of the Meeting and designated Mark Maarschalkerweerd, deputy civil law notary, deputizing for Dirk-Jan Smit, civil law notary of Freshfields Bruckhaus Deringer LLP, Amsterdam office, the Company’s Dutch legal counsel, as the secretary of the Meeting.
The secretary of the Meeting noted that the Meeting had been convened with due observance of all applicable provisions of Dutch law and the Company’s articles of association and that, at the Meeting, 254,164,678 shares A and 23,113,065 shares B in the Company’s capital were present or represented, representing approximately 69% of the Company’s issued share capital (excluding shares held in treasury by the Company).
The chair of the Meeting noted that there were no shareholders or others with statutory meeting rights in respect of the Company present at the Meeting in person who had questions or comments with respect to the agenda items for the Meeting and, therefore, proceeded to the vote on the voting items on the agenda.
The chair of the Meeting then noted that, based on the voting proxies received, each voting item on the agenda was passed by the requisite majority of votes cast.
The chair of the Meeting then closed the Meeting.
|/s/ Roger Franks|
|Chief Legal Officer of Lilium N.V.|
|s/ Mark Maarschalkerweerd|
Civil Law Notary of Freshfields Bruckhaus Deringer LLP,