0001193125-21-345683.txt : 20211202 0001193125-21-345683.hdr.sgml : 20211202 20211201202932 ACCESSION NUMBER: 0001193125-21-345683 CONFORMED SUBMISSION TYPE: 6-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 20211201 FILED AS OF DATE: 20211202 DATE AS OF CHANGE: 20211201 FILER: COMPANY DATA: COMPANY CONFORMED NAME: CEMEX SAB DE CV CENTRAL INDEX KEY: 0001076378 STANDARD INDUSTRIAL CLASSIFICATION: CEMENT, HYDRAULIC [3241] IRS NUMBER: 000000000 STATE OF INCORPORATION: O5 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 6-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-14946 FILM NUMBER: 211464617 BUSINESS ADDRESS: STREET 1: AVE. CONSTITUTION 444 PTE CITY: MONTERREY, NUEVO LEON STATE: O5 ZIP: 64000 BUSINESS PHONE: 52(81)83283000 MAIL ADDRESS: STREET 1: AVE. CONSTITUTION 444 PTE CITY: MONTERREY, NUEVO LEON STATE: O5 ZIP: 64000 FORMER COMPANY: FORMER CONFORMED NAME: CEMEX SA DE CV DATE OF NAME CHANGE: 19990810 6-K 1 d225174d6k.htm FORM 6-K Form 6-K

 

 

UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

 

FORM 6-K

 

 

REPORT OF FOREIGN PRIVATE ISSUER

PURSUANT TO RULE 13a-16 or 15d-16

UNDER THE SECURITIES EXCHANGE ACT OF 1934

For the month of December, 2021

Commission File Number: 001-14946

 

 

CEMEX, S.A.B. de C.V.

(Translation of Registrant’s name into English)

 

 

Avenida Ricardo Margáin Zozaya #325, Colonia Valle del Campestre

San Pedro Garza García, Nuevo León, 66265 México

(Address of principal executive offices)

 

 

Indicate by check mark whether the registrant files or will file annual reports under cover Form 20-F or Form 40-F.

Form 20-F  ☒            Form 40-F  ☐

Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(1):  ☐

Indicate by check mark if the registrant is submitting the Form 6-K in paper as permitted by Regulation S-T Rule 101(b)(7):  ☐

 

 

 

Contents

On December 1, 2021, CEMEX, S.A.B. de C.V. (NYSE:CX) (“CEMEX”) informed the Mexican Stock Exchange (Bolsa Mexicana de Valores) that, in relation to the previously reported tax matter in Spain that resulted in fines against CEMEX España, S.A. (“CEMEX España”) in 2011, CEMEX España, S.A. will request the Spanish Supreme Court the admission of a cassation appeal against an adverse resolution it received from the National Court (Audiencia Nacional) in Spain.

In 2011, CEMEX España was notified of fines that resulted from a tax audit covering the tax years from and including 2006 to 2009. In 2014, CEMEX España filed an appeal against the fines, which was adversely resolved by the Tribunal Económico Administrativo Central (“TEAC”). In 2017, CEMEX España filed a recourse with the National Court (Audiencia Nacional) in Spain against the TEAC’s resolution, which was adversely resolved and notified on November 30, 2021.

If the Supreme Court rejects the request to admit the cassation request, CEMEX currently believes the earliest any fines would need to be paid would be late 2022 or early 2023. If the Supreme Court accepts the request, a possible final resolution of the cassation appeal could come during 2024. As of the date of this report, considering the current stage of the matter, while CEMEX cannot assess with certainty the likelihood of an adverse result, CEMEX believes a final adverse resolution to this matter is not probable. However, if adversely resolved, CEMEX believes such adverse resolution could have a material adverse impact on CEMEX’s consolidated results of operations, liquidity and financial condition.

SIGNATURE

Pursuant to the requirements of the Securities Exchange Act of 1934, CEMEX, S.A.B. de C.V. has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.

 

     

CEMEX, S.A.B. de C.V.

      (Registrant)
Date: December 1, 2021    By:   

/s/ Rafael Garza

      Name: Rafael Garza
      Title: Chief Comptroller