40. Proposal for the distribution of earnings

The general partner and the Supervisory Board of Fresenius SE & Co. KGaA propose to the Annual General Meeting that the earnings for 2010 of Fresenius SE (since January 28, 2011: Fresenius SE & Co. KGaA) are distributed as follows:

in €  
Payment of a dividend of €0.86 per bearer ordinary share on the 162,450,090 ordinary shares entitled to dividend 139,707,077.40
Balance to be carried forward 50,880.80
Retained earnings 139,757,958.20

in €  
Payment of a dividend of €0.86 per bearer ordinary share on the 162,450,090 ordinary shares entitled to dividend 139,707,077.40
Balance to be carried forward 50,880.80
Retained earnings 139,757,958.20

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41. Responsibility statement

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