SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 

FORM 6-K

 

Report of Foreign Private Issuer

Pursuant to Rule 13a-16 or 15d-16 of

the Securities Exchange Act of 1934

 

April 29, 2019

Commission File Number: 001-36614

 

Alibaba Group Holding Limited

(Registrant’s name)

 

c/o Alibaba Group Services Limited

26/F Tower One, Times Square

1 Matheson Street

Causeway Bay

Hong Kong

(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 on 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 on paper as permitted by Regulation S-T Rule 101(b)(7): o

 

 

 

EXHIBITS

 

Exhibit 99.1 — Alibaba Group Enters into Settlement of Federal Securities Class Action Initiated in January 2015

 

 

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.

 

 

	ALIBABA GROUP HOLDING LIMITED
Date: April 29, 2019	By:	/s/ Timothy A. Steinert
	Name:	Timothy A. Steinert
	Title:	General Counsel and Secretary

 

Exhibit 99.1

 

Alibaba Group Enters into Settlement of
Federal Securities Class Action Initiated in January 2015

 

Alibaba Group Holding Limited (“we,” or the “Company”) and certain of our current and former executives (collectively, “Defendants”) have entered into a settlement agreement to resolve a consolidated class action lawsuit that has been pending since January 2015.  The settlement agreement expressly provides that the settlement does not constitute an admission or finding that the claims asserted had any merit.

 

We expect that, upon approval by the court, the settlement will bring to an end all pending securities litigation against the Company and its executive officers and directors.

 

As previously disclosed in our SEC filings, Defendants have been the subject of a consolidated class action lawsuit captioned Christine Asia Co., Ltd. et al. v. Alibaba Group Holding Limited et al., No. 1:15-md-02631-CM (S.D.N.Y.) (the “Federal Action”).  The seven lawsuits that had been centralized into the Federal Action were filed in January and February 2015 in the wake of the posting of a so-called “white paper” on the State Administration for Industry and Commerce (“SAIC”) website in January 2015 that referred to a meeting between Alibaba and certain regulators in July 2014.  The so-called “white paper,” which the SAIC later clarified had no legal effect, was removed by the SAIC from its website within one day.  The Federal Action brought claims for alleged violations of the United States Exchange Act of 1934 on behalf of a class of investors who purchased Alibaba’s American Depositary Shares (“ADS”) or purchased call options or sold put options on Alibaba ADS between September 19, 2014 and January 28, 2015 (the “Class”).

 

On April 26, 2019, Defendants entered into a definitive settlement agreement pursuant to which we agreed to pay US$250 million to settle the Federal Action.  No contribution will be made by any Defendant other than the Company.  Under the terms of the settlement, all Defendants will receive a full release of all claims brought in the Federal Action.

 

The Federal Action settlement is subject to court approval.  We anticipate that Class members will receive notice of the proposed settlement, after which they will have the opportunity to object to the fairness and adequacy of the settlement or to exclude themselves from the Class.  We anticipate, subject to court approval, that a hearing on the final approval of the settlement will take place in or around October 2019.