Regulation On The Shareholder Forum According To Article 127A Of The Stock Corporation Act

Original Language Title: Verordnung über das Aktionärsforum nach § 127a des Aktiengesetzes

Read the untranslated law here: http://www.gesetze-im-internet.de/aktfov/BJNR319300005.html

Regulation on the shareholder Forum according to article 127a of the Stock Corporation Act (shareholder Forum regulation - AktFoV) AktFoV Ausfertigung date: 22.11.2005 full quotation: "shareholder Forum regulation of 22 November 2005 (BGBl. I S. 3193), most recently by article 2 paragraph 50 of the law of December 22, 2011 (BGBl. I S. 3044) is changed" stand: last amended by article 2 para 50 G v. 22nd December 2011 3044 for details on the stand number you find in the menu see remarks footnote (+++ text detection from) : Effect from 01.12.2005 +++) input formula on the basis of article 127a par. 5 of the companies Act, by article 1 No. 7 of the Act of September 22, 2005 (BGBl. I S. 2802) is been inserted, enacted the Federal Ministry of Justice: § 1 creation of the shareholder Forum (1) the shareholder Forum is part of the Federal Gazette and is accessible via the Internet pages of www.bundesanzeiger.de, www.unternehmensregister.de and www.aktionaersforum.de.
(2) the shareholder Forum is to ensure that shareholders, shareholder associations and societies (speaker a) calls and references to opinions provided form mask can electronically enter according to article 127a of the Stock Corporation Act (entries) only about a shareholder forum available. Entries are to be worded in German or English.

§ 2 content and structure of the shareholder Forum (1) the entries should be sorted by companies in alphabetical order and are represented within the societies in chronological order.
(2) within the shareholder Forum can the full text of entries or searchable by using at least the following search criteria: 1 company and corporate parts, 2. security identification number (WKN), international securities identification number (ISIN) or 3. commercial register number.
(3) the user interface is in German language. There should be a version in English language.
(4) the operator can add a note in the shareholder Forum on its terms and conditions. He can offer also an additional service in the shareholder Forum, with the published entries automatically will be informed.

§ 3 registration, invitations of the shareholder or the shareholder Association (1) the publication of a call can be made only to safeguard against abuse, if the shareholder or the shareholder Association (the challenging-to) previously only once has registered 1, stating the name or business name, address of residence or of the seat and an electronic post address for the operator, 2 for use has received a user name and password by electronic mail and confirmed this or , if the exclusively or in addition has chosen an other identification comparable to the State of the art and authentication process operator (for example electronic signature), has complied with its conditions, 3. at the prompt entry has entered the user name and password or meets comparable requirements, 4 on this occasion once again confirmed the accuracy of his information from the registry and has specified a payment 5. , whose consistency has been verified, or has paid the fee pursuant to § 9 para 1.
(2) the request to has to assure that he is a shareholder of the company concerned or a shareholders ' Association in the sense of article 135 paragraph 8 of the companies act in the context of the registration of a prompt. Concrete evidence of lie, before about due to alert of the company in question, giving rise to doubt to the shareholder or shareholder association property, can the operators which require submission of evidence in written or text form. The required documents are not taught in the time limit set by the operator, the operator has the prompt to delete immediately.
(3) the indication of the name or the company, the address of the residence or the seat of the demanding on, note whether it is as a shareholder or a shareholder association, as well as an electronic post address are part of the prompt. The invitation refers to a specific general meeting, whose date is also must be given (article 127a par. 2 No. 4 of the Stock Corporation Act). As far as the information from the form of mask are specified, is the prompt in the free text to enter and must contain no more than 500 characters.
(4) the operator sends the request to a confirmation of registration and their subsequent publication by electronic mail. The confirmation will contain the note that the demanding up to cause the deletion of the prompt has, once it is no longer shareholder of the company concerned. Returns the confirmation returned as undeliverable, the operator has the prompt to delete immediately.
(5) a request is abusive, if obviously match not the conditions of section 127a of the Stock Corporation Act or this regulation, in particular if it information or opinions contains 1, that go beyond the prescribed content, comes 2. not by a shareholder or a shareholders ' Association, 3. advertising for products and services not related to carrying out the prompt contains misleading or criminal information, false information to the person of the request on or 4.
Abusive requests will be deleted immediately by the operator. In cases of doubt, the operator has to question the request on.

§ 4 a society to a prompt them gives an opinion evidence on opinions of the society (1) on its Internet site after section 127a, para 4 of the Stock Corporation Act, so the company can point to this opinion in the shareholder Forum. The reference to the opinion is published in the shareholder Forum in the spatial context with the prompt, the opinion refers.
(2) in addition article 3, paragraph 1, 4 and 5 applies for the companies.

§ 5 reference to another Internet page (1) refers to an entry on another Internet site, this Web page within the website has to include the establishment of the prompt or the opinion immediately. Violations of sentence 1 or abusive content on this website will authorise the operator to refuse registration or to delete entries without reimbursement of costs. The operator checks the compliance with this requirement by sampling and pointing to concrete.
(2) the reference to another Internet page should be designed so that it directly opens by clicking on. The reference to an electronic mail address can be designed immediately that opens the program for electronic mail of users.

§ 6 correction, cancellation, cancellation deadline (1) corrections of entries in the shareholder Forum must be made of the bearing.
(2) deletion of entries can be made at any time by the bearing.
(3) the entries in the shareholder Forum are to hold after their release for a period of three years for the reference, and then delete the operator. The operator is obliged to provide a confirmation of a specific registration process until the end of the retention period on demand for a reasonable fee.
(4) entries, for which the fee is not paid, will be deleted immediately by the operator.

§ 7 inspection (1) anyone can the shareholder Forum at any time and without prior registration see free of charge. The inspection is carried out exclusively via the Internet.
(2) the provisions of barrier-free information technology regulation of 17 July 2002 (Federal Law Gazette I p. 2654) on the design of the consultation are to apply by analogy in the currently valid version of the operator.

§ 8 data security (1) the operator has organizational and the current state of technology technical measures to ensure that entries can remain intact and complete during its release in the shareholder Forum as well as at any time to be associated with their origin.
(2) the operator has to make sure that he immediately becomes aware of malfunctioning occurs through technical measures, and has immediately to correct it.
(3) the operator creates a security concept for the shareholder Forum in consultation with the Federal Office for security in information technology. In particular the technical and organisational measures required pursuant to § 9 of the Federal Data Protection Act must be taken. The effectiveness of the measures is at regular intervals, taking into account the latest technical developments to check.

With the bearing, contractually agree § 9, fees, publication (1) which operator a reasonable fee for the registration. This also applies to changes made by the registering or deletions. The payment of the fee is to make that entered with residence or head office in a foreign country are not disadvantaged. It is the possibility of payment by electronic direct debit, credit card or similar means of payment provided. It is to ensure that electronic correspondence generally is excluded. The operator shall offer the communication of the payment path within a secured Internet connection.
(2) the registration shall be published no later than the end of the following on the successful completion of the checkout process publishing day of the Federal Gazette. The operator refuses a registration or deletes an entry, this is at the electronic mail address specified by him to communicate immediately to the bearing.

Article 10 entry into force this regulation enters into force on 1 December 2005.