Regulation on the Shareholders 'Forum according to § 127a of the German Stock Corporation Act (Shareholders' Forum Ordinance-AktFoV)

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AktFoV

Date of completion: 22.11.2005

Full quote:

" Shareholders ' Ordinance of 22 November 2005 (BGBl. 3193), as last amended by Article 2 (50) of the Law of 22 December 2011 (BGBl I). I p. 3044)

Status:

Last amended by Art. 2 sec. 50 G v. 22.12.2011 I 3044

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.12.2005 + + +) 

  

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Input formula

Pursuant to Section 127a (5) of the German Stock Corporation Act (AktG), which is based on Article 1 (7) of the Law of 22 September 2005 (BGBl. 2802), the Federal Ministry of Justice is responsible for: Unofficial table of contents

§ 1 Setting up of the Shareholders ' Forum

(1) The Shareholders ' Forum is part of the Federal Gazette and is, in any case, via the Internet pages

www.bundesanzeiger.de, www.unternehmensregister.de and www.aktionaersforum.de

(2) The Shareholders 'Forum shall be designed in such a way that shareholders, shareholders' associations and companies (entries) are only responsible for the calls for comments pursuant to Section 127a of the German Stock Corporation Act (Eintrageungen) only through one of the shareholders ' forum Forms provided by forms can be entered in electronic form. The entry is to be written in German or English. Unofficial table of contents

§ 2 Content and structure of the Shareholders ' Forum

(1) The entries shall be arranged in alphabetical order according to companies and shall be presented within the societies in a chronological sequence. (2) Within the shareholder forum, the full text of the entries or the following can be found under: The use of at least the following search features are sought:

1.

Company and company parts,

2.

securities identification number (WKN), International Securities Identification Number (ISIN), or

3.

Commercial register number.

(3) The user interface is in German language. A version in English is to be present. (4) The operator can attach a reference to his general terms and conditions in the Shareholders ' Forum. In addition, it can offer an additional service in the Shareholders ' Forum, which will be used to automatically inform about published entries. Unofficial table of contents

§ 3 Registration, calls of the shareholder or the shareholders ' association

(1) The publication of a request may be made for the protection against misuse only if the shareholder or the shareholders ' association (the prompting)

1.

has previously registered with the operator once, having regard to the name or company name, the address of the place of residence or the registered office, and an electronic postal address,

2.

for the use, a user name and a password have been received by electronic mail and this has been confirmed or, if the operator is exclusively or additionally a similar identification and identification according to the state of the art The authentication method has been chosen (for example, electronic signature), the conditions of which have been met,

3.

has entered the user name and the password or has met comparable requirements when the request is registered,

4.

on that occasion, confirmed the accuracy of its information from the registration and

5.

has indicated a payment path, the conclusiveness of which has been verified, or the fee has been paid in accordance with section 9 (1).

(2) In the context of the registration of a request, the requesting person must insure that it is a shareholder of the company concerned or a shareholders ' association in the sense of Section 135 (8) of the German Stock Corporation Act (AktG). If, for example on the basis of a reference to the company concerned, there are concrete indications that the shareholder or shareholder agreement property has doubts, the operator may submit evidence in writing or text form require. If the requested evidence is not provided in the time limit set by the operator, the operator must immediately delete the request. (3) The name or company name, the address of the place of residence or the registered office of the requesting person, the indication of whether he is acting as a shareholder or as a shareholder association, and the indication of an electronic postal address are part of the invitation. If the request relates to a specific general meeting, the date must also be disclosed (Section 127a (2) (4) of the German Stock Corporation Act). In so far as the information is not specified by the form mask, the invitation shall be entered in the free text and may contain a maximum of 500 characters. (4) The operator shall send a confirmation of the registration to the requesting member and the subsequent confirmation of the registration. Publication by electronic mail. The confirmation shall contain the indication that the prompting has to effect the deletion of the request, as soon as it is no longer a shareholder of the company concerned. If the confirmation comes back as undeliverable, the operator has to delete the request immediately. (5) A request is abusive if it clearly does not meet the requirements of § 127a of the German Stock Corporation Act or of this Regulation is equivalent, in particular if

1.

contains information or opinions which go beyond the content of the law,

2.

did not come from a shareholder or a shareholders ' association,

3.

misleading or punishable information, incorrect information on the person of the requesting party, or

4.

Advertising for products and services not related to the implementation of the soliciation.

Abusive requests shall be deleted immediately by the operator. In case of doubt, the operator has to question the prompting beforehand. Unofficial table of contents

§ 4 Information on the opinions of the company

(1) If a company gives an opinion on its Internet site in accordance with Section 127a (4) of the German Stock Corporation Act, the company may refer to this opinion in the Shareholders ' Forum. The reference to the opinion shall be published in the Shareholders ' Forum in the spatial context of the invitation to which the opinion relates. (2) In addition, the companies § 3 (1), (4) and (5) shall apply accordingly. Unofficial table of contents

§ 5 Reference to another website

(1) In the case of a registration on another website, this website shall contain, within the Internet presence, the statement of reasons for the request or the opinion. Violations of sentence 1 or abusive contents of this website entitle the operator to refuse registration or to delete entries without reimbursement of costs. The operator checks the compliance with this provision by sampling and on concrete notice. (2) The reference to another website should be designed in such a way that it opens directly by clicking on it. The reference to an electronic postal address may be such that the user's electronic mail program is opened immediately. Unofficial table of contents

§ 6 Correction, erasure, deletion period

(1) Corrections of entries in the Shareholders 'Forum must be made by the person (s). (2) Deletion of entries can be made at any time by the person (s). (3) The entries in the Shareholders' Forum shall be published after their publication for the duration of three years for inspection and subsequently to be deleted by the operator. The operator shall be obliged to give an acknowledgement of a specific entry procedure until the end of the period of retention upon request. (4) Entries for which the remuneration is not paid shall be provided by the operator. Operator immediately deleted. Unofficial table of contents

Section 7 Insight

(1) Everyone can view the Shareholders ' Forum free of charge at any time and without prior registration. The inspection takes place exclusively via the Internet. (2) The provisions of the Barrier-Free Information Technology Ordination of 17 July 2002 (BGBl. I p. 2654) on the design of the inspection should be applied by the operator in the version in force in each case. Unofficial table of contents

§ 8 Data security

(1) The operator shall, through organisational and state-of-the-art technical measures, ensure that the entries remain intact and complete during their publication in the Shareholders ' Forum, as well as can be attributed at any time to their origin. (2) The operator has to make sure, through technical precautions, that he becomes aware of any malfunctions that occur immediately, and has to correct them immediately. (3) The operator Created in agreement with the Federal Office for Information Security in Information Technology a security concept for the Shareholders ' Forum. In particular, the technical and organizational measures required in accordance with § 9 of the German Federal Data Protection Act must be taken. The effectiveness of the measures shall be reviewed at regular intervals, taking account of the current technical developments. Unofficial table of contents

§ 9 Charges, Publication

(1) The operator may contract an appropriate fee for the registration with the person responsible for the registration. This also applies to changes or deletions made by the user. The payment of the remuneration must be made in such a way that non-residents with domided residence or registered office abroad are not disadvantaged. It is possible to provide for payment by electronic direct debit, credit card or comparable means of payment. It shall be designed in such a way that non-electronic correspondence is generally excluded. The operator is to offer the communication of the payment path within a secure internet connection. (2) The registration is not later than the end of the publication date of the publication following the successful completion of the payment process. Federal scoreboard to publish. If the operator refuses to register or deletes an entry, this shall be notified immediately to the person who is to be registered under the electronic postal address indicated by him. Unofficial table of contents

Section 10 Entry into force

This Regulation shall enter into force on 1 December 2005.