0001088875-16-000110.txt : 20160505 0001088875-16-000110.hdr.sgml : 20160505 20160505111334 ACCESSION NUMBER: 0001088875-16-000110 CONFORMED SUBMISSION TYPE: SC 13G/A PUBLIC DOCUMENT COUNT: 1 FILED AS OF DATE: 20160505 DATE AS OF CHANGE: 20160505 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: EMBRAER S.A. CENTRAL INDEX KEY: 0001355444 STANDARD INDUSTRIAL CLASSIFICATION: AIRCRAFT [3721] IRS NUMBER: 000000000 FILING VALUES: FORM TYPE: SC 13G/A SEC ACT: 1934 Act SEC FILE NUMBER: 005-84810 FILM NUMBER: 161622320 BUSINESS ADDRESS: STREET 1: AV. BRIGADEIRO FARIA LIMA 2170 CITY: SAO JOSE DOS CAMPOS STATE: D5 ZIP: 12227901 BUSINESS PHONE: 551239274404 MAIL ADDRESS: STREET 1: AV. BRIGADEIRO FARIA LIMA 2170 CITY: SAO JOSE DOS CAMPOS STATE: D5 ZIP: 12227901 FORMER COMPANY: FORMER CONFORMED NAME: Embraer - Empresa Brasileira de Aeronautica S.A. DATE OF NAME CHANGE: 20070329 FORMER COMPANY: FORMER CONFORMED NAME: Embraer - Empresa Brasileira de Aeron?utica S.A. DATE OF NAME CHANGE: 20070329 FORMER COMPANY: FORMER CONFORMED NAME: EMPRESA BRASILEIRA DE AERONAUTICA S.A. DATE OF NAME CHANGE: 20060403 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: BAILLIE GIFFORD & CO CENTRAL INDEX KEY: 0001088875 IRS NUMBER: 000000000 STATE OF INCORPORATION: X0 FILING VALUES: FORM TYPE: SC 13G/A BUSINESS ADDRESS: STREET 1: CALTON SQUARE STREET 2: 1 GREENSIDE ROW CITY: EDINBURGH STATE: X0 ZIP: EH13AN BUSINESS PHONE: 00441312752000 MAIL ADDRESS: STREET 1: CALTON SQUARE STREET 2: 1 GREENSIDE ROW CITY: EDINBURGH STATE: X0 ZIP: EH13AN SC 13G/A 1 Embraer04302016.txt EMBRAER S.A. FILING SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 SCHEDULE 13G Under the Securities Exchange Act of 1934 (Amendment No.3) Embraer S.A. ----------------------------------------------------------------------- (Name of Issuer) Common Shares ----------------------------------------------------------------------- (Title of Class of Securities) 29082A107 ----------------------------------------------------------------------- (CUSIP Number) 30th April 2016 ----------------------------------------------------------------------- (Date of Event Which Requires Filing of this Statement) Check the appropriate box to designate the rule pursuant to which this Schedule is filed: [X] Rule 13d-1(b) [ ] Rule 13d-1(c) [ ] Rule 13d-1(d) *The remainder of this cover page shall be filled out for a reporting persons initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter the disclosures provided in a prior cover page. The information required in the remainder of this cover page shall not be deemed to be filed for the purpose of Section 18 of the Securities Exchange Act of 1934 (Act) or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes). Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number. SEC 1745 (3-06) CUSIP No. 29082A107 _______________________________________________________________________ 1. Names of Reporting Persons. I.R.S. Identification Nos. of above persons (entities only). Baillie Gifford & Co (Scottish partnership) _______________________________________________________________________ 2. Check the Appropriate Box if a Member of a Group (See Instructions) (a).................................................................... (b).................................................................... _______________________________________________________________________ 3. SEC Use Only _______________________________________________________________________ 4. Citizenship or Place of Organization SCOTLAND UK _______________________________________________________________________ Number of 5. Sole Voting Power 17589868 Shares Bene ______________________________________________________ ficially by 6. Shared Voting Power 0 Owned by Each ______________________________________________________ Reporting 7. Sole Dispositive Power 33209200 Person With: ______________________________________________________ 8. Shared Dispositive Power 0 _______________________________________________________________________ 9. Aggregate Amount Beneficially Owned by Each Reporting Person 33209200 commom shares.(These are held as 8302300 American Depositary Receipts(ADR) with each ADR representing four common shares.) 10. Check if the Aggregate Amount in Row (9) Excludes Certain Shares (See Instructions) 11. Percent of Class Represented by Amount in Row (9) 4.48% _______________________________________________________________________ 12. Type of Reporting Person (See Instructions) IA _______________________________________________________________________ Item 1. (a) Name of Issuer Embraer S.A. (b) Address of Issuers Principal Executive Offices Av. Brigadeiro Faria Lima,2170 12227-901 Sao Jose dos Campos, Sao Paulo, Brazil Item 2. (a) Name of Person Filing Baillie Gifford & Co (b) Address of Principal Business Office or, if none, Residence Calton Square 1 Greenside Row Edinburgh EH1 3AN Scotland UK (c) Citizenship Scotland UK (d) Title of Class of Securities Common shares held as American Depositary Receipts (e) CUSIP Number 29082A107 Item 3. If this statement is filed pursuant to rule 240.13d-1(b) or 240.13d-2(b) or (c), check whether the person filing is a: (a) Broker or dealer registered under section 15 of the Act (15 U.S.C. 78o). (b) Bank as defined in section 3(a)(6) of the Act (15 U.S.C. 78c). (c) Insurance company as defined in section 3(a)(19) of the Act (15 U.S.C. 78c). (d) Investment company registered under section 8 of the Investment Company Act of 1940 (15 U.S.C 80a-8). (e) X An investment adviser in accordance with rule 240.13d- 1(b)(1)(ii)(E) (f) An employee benefit plan or endowment fund in accordance with 240.13d-1(b)(1)(ii)(F) (g) A parent holding company or control person in accordance with rule 240.13d-1(b) (1)(ii)(G) (h) A savings associations as defined in Section 3(b) of the Federal Deposit Insurance Act (12 U.S.C. 1813) (i) A church plan that is excluded from the definition of an investment company under section 3(c)(14) of the Investment Company Act of 1940 (15 U.S.C. 80a-3) (j) Group in accordance with rule 240.13d-1(b)(1)(ii)(J). Item 4. Ownership. Provide the following information regarding the aggregate number and Percentage of the class of securities of the issuer identified in Item 1. (a) Amount beneficially owned: see row (9) on page 2. (b) Percent of Class: see row (11) on page 2. (c) Number of shares as to which the person has: (i) Sole power to vote or to direct the vote See row (5) on page 2. (ii) Shared power to vote or to direct the vote See row (6) on page 2 (iii) Sole power to dispose or to direct the disposition of See row (7) on page 2 (iv) Shared power to dispose or to direct the disposition of See row (8) on page 2 Item 5. Ownership of Five Percent or Less of a Class If this statement is being filed to report the fact that as of the date hereof the reporting person has ceased to be the beneficial owner of more than five percent of the class of securities, check the following. [ X ] Item 6. Ownership of More than Five Percent on Behalf of Another Person. Not applicable. Item 7. Identification and Classification of the Subsidiary Which Acquired the Security Being Reported on By the Parent Holding Company Not applicable. Item 8. Identification and Classification of Members of the Group Not applicable. Item 9. Notice of Dissolution of Group Not applicable. Item 10. Certification By signing below I certify that, to the best of my knowledge and belief: - the securities referred to above were acquired and are held in the ordinary course of business and were not acquired and are not held for the purpose of or with the effect of changing or influencing the control of the issuer of the securities and were not acquired and are not held in connection with or as a participant in any transaction having that purpose or effect. - the foreign regulatory scheme applicable to investment advisers is substantially comparable to the functionally equivalent U.S. institution(s). I also undertake to furnish the Commission staff, upon request, information that would otherwise be disclosed in a Schedule 13D. SIGNATURE After reasonable enquiry and to the best of my knowledge and belief, I certify that the information set forth in this statement is true, complete and correct 05 May 2016 _______________________________________ Date Lindsay Gold _______________________________________ Signature Lindsay Gold Head of Compliance - Baillie Gifford & Co _______________________________________ Name/Title The original statement shall be signed by each person on whose behalf the statement is filed or his authorized representative. If the statement is signed on behalf of a person by his authorized representative other than an executive officer or general partner of the filing person, evidence of the representatives authority to sign on behalf of such person shall be filed with the statement, provided, however, that a power of attorney for this purpose which is already on file with the Commission may be incorporated by reference. The name and any title of each person who signs the statement shall be typed or printed beneath his signature. NOTE: Schedules filed in paper format shall include a signed original and five copies of the schedule, including all exhibits. See rule 240.13d- 7 for other parties for whom copies are to be sent. Attention: Intentional misstatements or omissions of fact constitute Federal criminal violations (See 18 U.S.C. 1001)