Amendment: The AES Corporation filed SEC Form 8-K: Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year, Financial Statements and Exhibits
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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
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FORM 8-K/A
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CURRENT REPORT
Pursuant to Section 13 OR 15(d) of The Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): October 3, 2024
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Explanatory Note:
This Current Report on Form 8-K/A (this “Amendment”) is being filed to correct the Current Report on Form 8-K (the “Original Report”) filed by The AES Corporation on October 4, 2024, which inadvertently omitted a conformed signature on the signature page. The sole purpose of this Amendment is to add a conformed signature on the signature page. No other changes have been made to the Original Report.
Item 5.03 Amendments to Articles of Incorporation or Bylaws; Change in Fiscal Year.
On October 3, 2024, the Board of Directors (the “Board”) of The AES Corporation (the “Company”), after consideration of recent Delaware court decisions and management’s recommendation of August 2024, adopted amendments to the Company’s Amended and Restated By-Laws (the “Amended and Restated By-Laws”), effective immediately, which include, among other things, certain changes to the notice procedures by which stockholders may recommend nominees for election to the Board. Specifically, the amendments to the notice procedures adopted by the Board modify the ownership disclosure requirements, including with respect to derivative securities, and removed the requirement to disclose certain interests and relationships of the proposing person(s).
The foregoing description of the Amended and Restated By-Laws does not purport to be complete and is qualified in its entirety by reference to the full text of the Amended and Restated By-Laws, which is filed as Exhibit 3.1 to this Current Report on Form 8-K and incorporated herein by reference.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits
Exhibit No. | Description | ||||
104 | Cover Page Interactive Data File (embedded within the Inline XBRL document) | ||||
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf of the undersigned hereunto duly authorized.
THE AES CORPORATION | |||||||||||
Date: | October 4, 2024 | By: | /s/ Paul L. Freedman | ||||||||
Name: | Paul L. Freedman | ||||||||||
Title: | Executive Vice President, General Counsel and Corporate Secretary | ||||||||||