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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month, or Get a Day Pass for only USD$9.99.

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

Non-official table of contents


Date of issue: 22.11.2005

Full quote:

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

:Last modified by Art. 2 para. 50 G v. 22.12.2011 I 3044

See Notes


(+ + + Text Evidence: 1.12.2005 + + +)

for more details on how to stand. name="BJNR319300005BJNE000100000 " />Non-Official Table of Contents

Input Formula

Based on Section 127a (5) of the Stock Corporation Act, which is defined by Article 1 (7) of the Law of 22. September 2005 (BGBl. 2802), the Federal Ministry of Justice is ordering: Non-official table of contents

§ 1 Established of the Shareholders ' Forum

(1) Shareholders ' Forum is part of the Federal Gazette and is, in any case, on the web, and
(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 (Stock Corporation Act) (entries) only through one of the shareholders ' forum. You can enter electronically provided forms mask. The entry is to be written in German or English. Non-official table of contents

§ 2 Content and structure of the Shareholders ' Forum

(1) The entries are to be listed in alphabetical order by company and within the societies, are presented in a chronological order.(2) Within the Shareholders ' Forum, the full text of the entries or at least the following search features can be searched for:
Company and Company Parts,
Securities Identification Number (WKN), International Securities Identification Number (ISIN) or
Commercial register number.
(3) The user interface is in German language. A version in English is to be present.(4) The operator may place 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, Shareholder requests, or Shareholder Association

(1) The publication of a request can only be used for security against abuse if the shareholder or the shareholders ' association (the requesting)
previously registered by the operator with the name or company name, the address of the residence or the registered office and an electronic postal address
has received and confirmed a user name and password by means of electronic mail, or, if the operator is limited to, or In addition, a similar identification and authentication method similar to the state of the art has been chosen (for example, electronic signature), the conditions of which have been met,
when prompting entered the user name and password, or met comparable requests,
on this occasion the correctness of its information from the registration has been confirmed again and
specified a payment path whose conclusiveness has been verified, or the fee has been paid in accordance with § 9 para. 1.
(2) The prompting has been made in the context of the registration of a to insure that it is a shareholder of the company concerned or a shareholders ' association within the meaning 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 shall immediately delete the request.(3) The indication of the name or company, the address of the place of residence or the registered office of the requesting person, the indication of whether he acts as a shareholder or a shareholders ' association, as well as the indication of an electronic postal address, are included in the Request. 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). To the extent that the information is not specified by the form mask, the invitation is to be entered in the free text and must not contain a maximum of 500 characters.(4) The operator shall send to the requesting person a confirmation of the registration and subsequent 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 shall delete the request immediately.(5) An invitation is abusive if it does not appear to meet the requirements of § 127a of the German Stock Corporation Act or of this Regulation, in particular if it is
contains information or opinions about the legally required content
does not come from a shareholder or a shareholders ' association,
misleading or punishable details, misinformation about the person of the prompting, or
Advertising for Products and services not associated with the implementation of the request.
Unlawful requests shall be deleted immediately by the operator. In case of doubt, the operator has to question the prompting beforehand. Non-official table of contents

§ 4 Notices of company opinions

(1) Specifies a society for a request relating to it , the Company may refer to this opinion in the Shareholders ' Forum, according to Section 127a (4) of the German Stock Corporation Act (AktG). The reference to the opinion shall be published in the Shareholders ' Forum in the spatial context of the request to which the opinion refers.(2) In addition, the companies § 3 (1), (4) and (5) shall apply accordingly. Non-official table of contents

§ 5 Reference to another website

(1) Assigns an entry to another Internet site, has this Website within the Internet presence shall be directly accompanied by 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 shall check the compliance with this provision by sampling and on a specific note.(2) The reference to another website shall 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. Non-official table of contents

§ 6 Correction, erasure, deletion period

(1) Corrections of entries in the Shareholders ' Forum must be made by the person who has been submitted shall be carried out.(2) Deletions of entries can be made at any time by the person carrying out the request.(3) The entries in the Shareholders ' Forum shall be submitted for inspection after their publication for a period of three years and shall subsequently be deleted by the Operator. The operator shall be obliged to give an acknowledgement of a certain entry procedure until the end of the period of retention upon request for an appropriate fee.(4) The operator shall immediately delete entries in respect of which the remuneration is not paid. Unofficial table of contents

§ 7 View

(1) Everyone can view the Shareholders ' Forum free of charge at any time and without prior registration. The inspection is carried out exclusively via the Internet.(2) The provisions of the barrier-free information technology regulation 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. Non-official table of contents

§ 8 Data Security

(1) The operator has appropriate organizational and state-of-the-art technology. technical measures to ensure that the entries remain intact and complete during their publication in the Shareholders ' Forum, and that they can be assigned at any time to their origin.(2) The operator shall, by means of technical precautions, ensure that he becomes aware of any malfunctions occurring immediately and shall remedy them immediately.(3) In agreement with the Federal Office for Information Security (Bundesamt für Sicherheit in der Informationstechnik), the operator creates 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. Non-official table of contents

§ 9 Charges, publication

(1) The operator can contractually enter into an appropriate fee for the Registration agree. 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 shall be published no later than the end of the publication date of the Federal Gazette following the successful completion of the payment transaction. 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. Non-official table of contents

§ 10 Entry into force

This regulation occurs on the 1. December 2005, in force.