RB 61/2018 Subject: Information on the Issuer's Management Board's statement on the evasion of the legal effects of the purchase of shares in EnergoAsh Spółka z o.o. and purchase of receivables

Date of preparation: 2018-10-26 / Art. 56 sec. 1 point 2 of the Act on the offer - current and periodic information Current report: RB 61/2018 Subject: Information on the Issuer's Management Board's statement on the evasion of the legal effects of the purchase of shares in EnergoAsh Spółka z o.o. and purchase of receivables

Current report:RB 61/2018

Subject: Information on the Issuer's Management Board's statement on the evasion of the legal effects of the purchase of shares in EnergoAsh Spółka z o.o. and purchase of receivablesDate of preparation: 2018-10-26

Legal basis: Article 56 para. 1 point 2 of the Act on the offer - current and periodic information

Contents of the report: The Board of Chemoservis-Dwory S.A. ('Company', 'Issuer'), with reference to Current Report No. 12/2018 and 13/2018, informs that on October 25, 2018, the Issuer's Management Board made a statement on the evasion of the legal effects of the purchase of shares in EnergoAsh Spółka z o.o. in Wroclaw and purchase of receivables, made under the influence of error.

Essential elements of the declaration of evasion from legal effects:
'Acting on behalf of CHEMOSERVIS - DWORY S.A., as its management, we declare that pursuant to art. 84 § 1 and § 2 and art. 86 § 1 and § 2 and art. 88 § 1 of the Civil Code, we are acting on behalf of Chemoservis - Dwory S.A. on the legal consequences of declarations of will made under the influence of an error by the Management Board of Chemoservis-Dwory S.A. regarding 'Share and receivables sale agreement and transfer along with accompanying agreements' (hereinafter referred to as: Agreement) concluded in Warsaw on March 12, 2018 between:
1. SALAMANCA INVESTMENTS Sp. z o.o.
2. ADVANTUM INVESTMENTS Sp. z o.o.
3. CHEMOSERVIS - DWORY S.
4. Jarosław Stefeńczyk
5. Witold Dziwak
6. Wojciech Mincer
7. Arkadiusz Grabalski
8. Tadeusz Pocałuń
9. Konrad Jaskół
10. Grzegorz Szkopek
11. Spec Bau Sp. z o.o.
12. SPEC-BRUK Sp. z o.o. sp.k.
13. Alfa 1 Sp. z o.o.
14. 'INTOP Warszawa' Sp. z o.o.
The error in question consisted of the fact that the Management Board of Chemoservis - Dwory S.A was inconsistent with the actual state of affairs that the statement submitted by ADVANTUM INVESTMENTS Sp. z o.o. in § 2 lit. d of the Agreement that the Shares (owned by 29.999 shares in the share capital of EnergoAsh Spółka z o.o. with a nominal value of PLN 50 each) exist and are free from encumbrances and rights of third parties, with the exception of the pledge encumbering them.

Analysis of the registration files of EnergoAsh Spółka z o.o. based in Wrocław, confirms that the Bailiff at the District Court for Warsaw Praga - Południe in Warsaw Krzysztof Kokoszko under the reference number Km 1870/17 leads to ADVANTUM INVESTMENTS Sp. z o.o. enforcement proceedings.

It is of fundamental importance that on 18.10.2017 Bailiff Krzysztof Kokoszko took over shares and profits in EnergoAsh company of debtor Advantum Investments. On October 18, 2017, Bailiff Krzysztof Kokoszko notified the Court about the initiation of the enforcement of shares in EnergoAsh Spółka z o.o. based in Wroclaw.

On 13.12.2017, the Court decided to accept EnergoAsh's registration files, notification of the bailiff of October 18, 2017 on the take-over of shares in the company; ref. WR act. VI Ns. Reg. KRS 41784/17/000, then on 20/12/2017 The court decided to accept EnergoAsh's registration files, notification of the bailiff of October 18, 2017 on the acquisition of shares in the company; ref. WR act. VI Ns. Reg. KRS 41765/17/759.

Fundamentally significant for the assessment of the introduction on 12 March 2018 of the Board of Chemoservis - Dwory S.A. has the fact that on February 27, 2018, Bailiff Krzysztof Kokoszko ordered the sale of seized debtor's shares in EnergoAsh.

It is of fundamental importance that on 16 January 2018 Bailiff Tomasz Peda notified about the initiation of the enforcement of shares in EnergoAsh (the bailiff's letter was received by the Court on 9 April 2018)
The above circumstances confirm unambiguously that the statement submitted by ADVANTUM INVESTMENTS Sp. z o.o. in § 2 lit. d of the Agreement that the Shares (owned by 29.999 shares in the share capital of EnergoAsh Spółka z o.o. with a nominal value of PLN 50 each) exist and are free from encumbrances and rights of third parties, with the exception of the pledge encumbering them.

The subject acquisition by CHEMOSERVIS - DWORY S.A. from ADVANTUM INVESTMENTS Sp. z o.o. on March 12, 2018, shares in EnergoAsh Sp. z o.o. based in Wroclaw is therefore defective, affected by invalidity and can not have any legal consequences.

As a result of a declaration filed by the Issuer's management board on the evasion of the legal effects of a declaration of will under the influence of an error, the purchase price of the shares in EnergoAsh, which amounted to PLN 4,278,999.00, is no longer an obligation of the Issuer. Also, the purchase of receivables for the price of PLN 1,721,051.00, which included the principal amount of the claims in question together with interest due accrued as at the date of the conclusion of the contract, can not have any legal effects.

On the basis of a declaration on the evasion of legal effects of a declaration of will based on the effect of an error on October 25, 2018, the Issuer's obligation to all parties to the agreement totaled PLN 6,000,000.00.

Signed: The Management Board of the Company