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registration document France Telecom 2009 - Orange.com

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5 information about the issuer<br />

5.1 HISTORY AND DEVELOPMENT OF THE COMPANY<br />

5.1.1 Legal and Commercial name<br />

“<strong>France</strong> <strong>Tele<strong>com</strong></strong>”<br />

5.1.2 Place of Registration<br />

and Number<br />

RCS (Trade Registry) number: Paris RCS 380 129 866<br />

APE code: 642 C<br />

5.1.3 Date of Incorporation<br />

and Duration<br />

<strong>France</strong> <strong>Tele<strong>com</strong></strong> S.A. was incorporated as a Société Anonyme<br />

(French limited <strong>com</strong>pany) on December 31, 1996 for a period of<br />

99 years from that date. Barring early liquidation or extension,<br />

the C ompany will expire on December 31, 2095.<br />

5.1.4 Registered Office, legal Form<br />

and governing Law<br />

6, Place d’Alleray - 75015 Paris, <strong>France</strong><br />

Telephone: +33 (0)1 44 44 22 22<br />

<strong>France</strong> <strong>Tele<strong>com</strong></strong> S.A. is governed by French corporate law,<br />

subject to specifi c laws governing the <strong>com</strong>pany, notably<br />

Act 90-568 of July 2, 1990 on the organization of public postal<br />

and tele<strong>com</strong>munications services, as amended by Act 96-660<br />

of July 26, 1996 and Act 2003-1365 of December 31, 2003.<br />

The regulations applicable to <strong>France</strong> <strong>Tele<strong>com</strong></strong> S.A. as an<br />

operator are described in Section 6.7 Regulation.<br />

5.1.5 Important Events<br />

in the Development<br />

of the Company’s Business<br />

<strong>France</strong> <strong>Tele<strong>com</strong></strong> is the leading broadband Internet service<br />

provider and the third largest mobile operator in Europe and<br />

is one of the global leaders in tele<strong>com</strong>munication services<br />

for multinational corporations. <strong>France</strong> <strong>Tele<strong>com</strong></strong> has been<br />

listed on the Euronext Paris Eurolist market and on the New<br />

York Stock Exchange since October 1997, when the French<br />

government sold 25% of its shares to the public and to <strong>France</strong><br />

<strong>Tele<strong>com</strong></strong> employees. <strong>France</strong> <strong>Tele<strong>com</strong></strong>’s switch from the public<br />

sector to the private sector took place on September 7, 2004<br />

following the State’s disposal of an additional 10.85% of <strong>France</strong><br />

<strong>Tele<strong>com</strong></strong>’s capital. As of December 31, <strong>2009</strong>, the Government<br />

held 26.97% of <strong>France</strong> <strong>Tele<strong>com</strong></strong>’s capital, directly, indirectly,<br />

or in association with the Fonds Stratégique d’Investissement<br />

(Strategic Investment Fund).<br />

Since the 1990s, <strong>France</strong> <strong>Tele<strong>com</strong></strong>’s business and its regulatory<br />

and <strong>com</strong>petitive landscapes have undergone signifi cant<br />

changes that have affected the <strong>com</strong>position of its revenues<br />

as well as its business activities and internal organization. All<br />

tele<strong>com</strong>munications market segments in <strong>France</strong> have been<br />

opened up to <strong>com</strong>petition since January 1, 1998 with the<br />

exception of local calls, which were opened up to <strong>com</strong>petition<br />

on January 1, 2002.<br />

Against this background of deregulation and heightened<br />

<strong>com</strong>petition, from 1999 to 2002 <strong>France</strong> <strong>Tele<strong>com</strong></strong> pursued<br />

a strategy of developing new services and accelerated<br />

its international expansion by making numerous strategic<br />

investments (acquisitions, equity investments, UMTS licenses).<br />

During that period, it specifi cally acquired <strong>Orange</strong> Plc., Global<br />

One, and Equant, and made equity investments in Polish operator<br />

TP S.A., NTL in the United Kingdom and MobilCom in Germany.<br />

However, further to various transactions, <strong>France</strong> <strong>Tele<strong>com</strong></strong> no<br />

longer holds any interest in NTL, and its interest in MobilCom<br />

stands at less than 1%. For the most part, it was not possible<br />

to fi nance these strategic investments through share issues,<br />

leading to a signifi cant increase in the Group’s debt.<br />

5<br />

<strong>2009</strong> REGISTRATION DOCUMENT / FRANCE TELECOM<br />

25

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