RB ESPI 15/2023 Decision of the President of UOKiK on practices infringing collective consumer interests.

Management Board of AFORTI Holding S.A. with its registered office in Warsaw here in after: the “Company” here by informs that on August 14, 2023 it became aware of the delivery to the Company’s attorney of the decision of the President of the Office of Competition and Consumer Protection No. RWR 6/2023 of August 4, 2023 imposing a fine on the Company in the amount of PLN 753,691 for violations involving the use of a bill of exchange in a manner contrary to it’s function and a fine of PLN 36,543 for violations consisting in disseminating false information regarding the safety of funds transferred to the Company and the guarantee of profit, which could have caused consumers to make a decision regarding transferring cash to the Company, i.e. a total penalty of PLN 790,234 hereinafter: “Decision”.

The Management Board of the Company indicates that it does not agree with the content of the Decision and will seek its repeal. The case covered by the Decision was conducted by UOKiK from 2020. Throughout the entire period of the proceedings, the Company’s Management Board cooperated with the representatives of the Office of Competition and Consumer Protection, submitting evidence confirming the Company’s arguments.

The Management Board of the Company emphasizes that as of January 29, 2021, the Company stopped offering bills of exchange to consumers, which was emphasized by UOKiK in its decision. And during the term of the promissory note offer, information on investment risk was presented in a transparent manner.

The Management Board of the Company performs a legal analysis of the issued Decision, indicating that the Decision is not legally binding, and the penalty imposed on the Company is not due. Pursuant to the instruction attached to the Decision, the Company has the right to appeal to the District Court in Warsaw – Court of Competition and Consumer Protection, within one month from the date of its delivery. In the event of an appeal, the Decision will become final only after the conclusion of the court proceedings.