FORM
6-K
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
Report
of Foreign Private Issuer
Pursuant
to Rule 13a-16 or 15d-16
under
the Securities Exchange Act of 1934
For
the
month of June 2008
Commission
File Number: 333-132289
Embraer
- Brazilian Aviation Company
(Translation
of registrant's name into English)
EMBRAER
- EMPRESA BRASILEIRA DE AERONÁUTICA S.A.
Av.
Brigadeiro Faria Lima, 2170
12227-901
São José dos Campos, São Paulo, Brazil
(Address
of principal executive offices)
Indicate
by check mark whether the registrant files or will file annual reports under
cover of Form 20-F or Form 40-F:
Form
20-F
x Form
40-F
o
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): o
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): o
Indicate
by check mark whether by furnishing the information contained in this Form,
the
registrant is also thereby furnishing the information to the Commission pursuant
to
Rule
12g3-2(b) under the Securities Exchange Act of 1934: Yes o No
x
If
"Yes"
is marked, indicate below the file number assigned to the registrant in
connection with Rule 12g3-2(b): _____
SIGNATURES
Pursuant
to the requirements of the Securities Exchange Act of 1934, the registrant
has
duly caused this report to be signed on its behalf by the undersigned, thereunto
duly authorized.
| EMBRAER - EMPRESA BRASILEIRA DE AERONÁUTICA S.A. | ||||
|
Dated:
June 16, 2008
|
By:
|
/s/ Antonio
Luiz Pizarro Manso
|
||
| Name: |
Antonio
Luiz Pizarro Manso
|
|||
| Title: |
Executive
Vice-President Corporate
and
Chief Financial Officer
|
|||
EXHIBIT
INDEX
| 1. |
Copy
of Company’s notice to shareholders on distribution of interest on
shareholders’ equity, dated June 13,
2008.
|
Notice
to
Shareholders
Interest
on Shareholders’ Equity
The
Board
of Directors of Embraer - Empresa Brasileira de Aeronáutica S.A. (the
“Company”), approved today the following:
The
distribution of Interest on Shareholders’ Equity on the Second Quarter of 2008
in the aggregate amount of R$ 65,375,900.07, in accordance with the following
conditions:
|
a.
|
holders
of shares will be entitled to interest on shareholders’ equity in the
amount of R$ 0.09034 per share, equal to R$ 0.36136 per American
Depositary Shares (ADSs). The interest on shareholders’ equity is subject
to the retention of 15% withholding tax or 25% if the beneficiary
is a
resident in a tax haven, except in the case of holders who are
exempt from
such tax;
|
|
b.
|
this
interest on shareholders’ equity will be included in the calculation of
the compulsory dividends to be distributed by the company for the
current
fiscal year; and the total amount shall include the dividends distributed
by the Company for all the purposes of the Brazilian corporate
legislation;
|
|
c.
|
Record
date for shares negotiated on São Paulo Stock Exchange (Bovespa) is June
23, 2008 and for the ADSs negotiated on New York Stock Exchange
(NYSE) is
June 26, 2008.
|
|
d.
|
The
shares will be negotiated on São Paulo Stock Exchange (Bovespa), and New
York Stock Exchange (NYSE), ex-interest rights, from and including
June
24, 2008.
|
|
e.
|
the
payment of the interest on shareholders’ equity in Brazil will begin on
July 15, 2008, and the holders of ADSs will be paid on July 22,
2008, both
without any compensation;
|
São
José
dos Campos, June 13, 2008
/s/
Antonio Luiz Pizarro Manso
Antonio
Luiz Pizarro Manso
Executive
Vice-President & CFO