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Siemens Aktiengesellschaft

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Siemens Aktiengesellschaft As filed with the Securities and Exchange Commission on December 4, 2009 UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 20-F n REGISTRATION STATEMENT PURSUANT TO SECTION 12(b) OR(g) OF THE SECURITIES EXCHANGE ACT OF 1934 OR ¥ ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended September 30, 2009. OR n TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to OR n SHELL COMPANY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of event requiring this shell company report Commission file number: 1-15174 Siemens Aktiengesellschaft Wittelsbacherplatz 2 D-80333 Munich Federal Republic of Germany Telephone: +49 (89) 636-00 Securities registered or to be registered pursuant to Section 12(b) of the Act: Title of each class Name of each exchange on which registered American Depositary Shares, each representing one Common Share, no par value New York Stock Exchange Common Shares, no par value* New York Stock Exchange * Listed, not for trading or quotation purposes, but only in connection with the registration of American Depositary Shares pursuant to the requirements of the Securities and Exchange Commission. Securities registered or to be registered pursuant to Section 12(g) of the Act: None Securities for which there is a reporting obligation pursuant to Section 15(d) of the Act: None The number of outstanding shares of each of the issuer’s classes of capital or common stock as of September 30, 2009: 866,425,760 common shares, no par value. Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act. Yes n No ¥ If this report is an annual or transition report, indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934. Yes n No ¥ Indicate by check mark whether the Registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the Registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes ¥ No n Not applicable n Indicate by check mark whether the registrant has submitted electronically and posted on its corporate Web site, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T (§232.405 of this chapter) during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files). Yes n No n Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer or a non-accelerated filer. See definition of “accelerated filer and large accelerated filer” in Rule 12b-2 of the Exchange Act. (Check one): Large accelerated filer ¥ Accelerated filer n Non-accelerated filer n Indicate by check mark which basis of accounting the registrant has used to prepare the financial statements included in this filing: U.S. GAAP n International Financial Reporting Standards as issued Other n by the International Accounting Standards Board ¥ If “Other” has been checked in response to the previous question, indicate by check mark which financial statement item the registrant has elected to follow. Item 17 n Item 18 n If this is an annual report, indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act). Yes n No ¥ TABLE OF CONTENTS Page PART I Item 1: Identity of directors, senior management and advisers . 1 Item 2: Offer statistics and expected timetable . 1 Item 3: Key information . 1 Selected consolidated financial and statistical data . 1 Dividends . 3 Exchange rate information . 3 Risk factors . 4 Item 4: Information on the Company . 11 Overview................................................................. 11 Fit42010 program . 12 Portfolio activities. 13 Financial performance measures . 14 Description of business . 15 Employees and labor relations . 28 Environmental matters . 29 Property . 30 Intellectual property . 31 Legal proceedings . 31 Item 4A: Unresolved staff comments . 40 Item 5: Operating and financial review and prospects . 40 Introduction . 40 Business and operating environment . 41 Fiscal 2009 compared to fiscal 2008 . 52 Fiscal 2008 compared to fiscal 2007 . 70 Liquidity and capital resources . 82 Net assets position . 94 Critical accounting estimates . 96 Recent accounting pronouncements . 98 Supplemental financial measures . 98 Item 6: Directors, senior management and employees . 104 Management . 104 Compensation report . 108 Stock-based compensation . 123 Share ownership . 125 Item 7: Major shareholders and related party transactions. 128 Major shareholders . 128 Related party transactions . 128 Item 8: Financial information . 129 Item 9: The offer and listing . 129 Trading markets . 129 i Page Market price information . 130 Trading on the New York Stock Exchange . 131 Item 10: Additional information . 132 Articles of association and relevant provisions of German law . 132 Organization . 132 Corporate governance . 132 Objects and purposes . 136 Directors . 136 Rights, preferences and restrictions attaching to our shares . 137 Disclosure requirements. 140 Repurchase of our own shares . 140 Jurisdiction . 141 Material contracts . ..
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