Ordinance for the Concretization of Display, Notification and Publication obligations as well as the obligation to lead insider directories according to the Securities Trading Act (Securities Trading Act and Insider Directory Regulation-WpAIV)

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WpAIV

Date of completion: 13.12.2004

Full quote:

" The Securities Trading Act and Insider Regulation of 13 December 2004 (BGBl. 3376), the most recent of which is Article 3 of the Law of 26 June 2012 (BGBl. 1375).

Status:

Last amended by Art. 3 G v. 26.6.2012 I 1375

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof: 18.12.2004 + + +) 

  

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Input formula

On the basis of § 10 (4) sentence 1, § 15 (7) sentence 1, § 15a (5) sentence 1 and § 15b (2) sentence 1 of the German Securities Trading Act (Securities Trading Act), as amended by the notice of 9 September 1998 (BGBl. 2708), as defined by Article 1 of the Law of 28. October 2004 (BGBl. 2630), the Federal Ministry of Finance is responsible for:

Section 1
Scope

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§ 1 Scope

This Regulation shall apply to the election of the State of origin in accordance with Section 2b of the Securities Trading Act, the indication of suspicion cases in accordance with Section 10 of the Securities Trading Act, the publication and notification of insider information in accordance with § 15 of the German Securities Trading Act (Securities Trading Act). Securities trading law, the publication and notification of transactions pursuant to Section 15a of the Securities Trading Act, the management of insider directories according to Section 15b of the Securities Trading Act, the publication and notification of changes of the voting rights referred to in Section 5 of the The Securities Trading Act, the publication and disclosure of additional information pursuant to Section 30e of the Securities Trading Act and the publication and storage of financial reports under Section 11 Subsection 2 of the Securities Trading Act.

Section 2
Display of suspicity cases

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§ 2 Content of the ad

(1) An indication in accordance with Section 10 (1) sentence 1 of the German Securities Trading Act (Securities Trading Act) to the Federal Financial Supervisory Authority (Bundesanstalt) shall contain, as far as the data are available:

1.

to the notifiable person and to the person who makes the ad for the notifiable person,

a)

the name and surname or, in the case of legal persons, the name and

b)

the business address,

2.

a description of the transaction in accordance with section 10 (1) of the German Securities Trading Act (Securities Trading Act) with information on

a)

the name and location of the exchange or of the off-exchange market;

b)

the type of trade, in particular trade in the presence of goods or electronic commerce,

c)

Type of business, in a customer business, in particular, whether it is a purchase or sale from the customer's point of view,

d)

the date and time of the order and the execution of the order;

e)

the order characteristics, in particular the validity of the order or the order limits,

f)

the financial instrument, including its international securities identification number;

g)

Price, currency, number and volume of business, as well as

h)

Basic instrument, base price, price multiplier and maturity in derivatives transactions,

3.

an indication of the facts on which the acceptance of a breach of a prohibition or bid is based in accordance with Section 14 or Article 20a of the Securities Trading Act,

4.

a statement, which is why these facts give rise to suspicions that the transaction is in breach of a prohibition or bid pursuant to Section 14 or Article 20a of the Securities Trading Act,

5.

the information required to identify the person and to clarify its role in the transaction on the payer and on the person entitled or liable to the business, as well as any other person involved in the business, and in each case

a)

their names and surnames or, in the case of legal persons, their names,

b)

their private and business address,

c)

the day of their birth,

d)

the depot number of the depository concerned and the associated customer identification number,

e)

a business order number,

f)

the legal and economic relationship between the contracting authority and the person entitled or liable from the business, provided that they are different from each other,

g)

in respect of other persons involved in the business, the nature of their participation in the business, and

6.

any other information which may be relevant to the examination of the operation.

(2) At the time when the notification is to be reported, not all the data referred to in paragraph 1 shall be available, at least the facts which give rise to the suspicion that the transaction is in breach of an infringement shall be disclosed. Prohibition or bid pursuant to § 14 or § 20a of the Securities Trading Act. As soon as the missing data are known, they are to be returned immediately. Unofficial table of contents

§ 3 Type and form of display

(1) The advertisement shall be sent in writing. In the case of sending an advertisement by fax, the German Federal Office shall be required to submit the signed advertisement on the post of mail. (2) The Federal Institute may open the possibility to display the notification under paragraph 1 by way of transmission of data transmission, provided that the relevant state of the art measures are taken to ensure data protection and data security, in particular to ensure the confidentiality and integrity of the data; and where, in the case of the use of generally accessible networks, the status of of the technology corresponding to the method of encryption.

Section 3
Publication and communication of information, insider directories

Subsection 1
General provisions

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Section 3a Type of publication of information

(1) The information to which this section applies shall be assigned to the publication of the media, including those where it can be assumed that it is the information throughout the European Union and in the rest of the European Union. States parties to the Agreement on the European Economic Area. Unless otherwise specified, its publication shall be governed by paragraphs 2 to 4 and § 3b and its communication pursuant to § 3c. (2) The publication of the information by the media referred to in paragraph 1 shall ensure that:

1.

to receive information from the media, including those which must include such information as quickly and as promptly as possible in all the Member States of the European Union and in the other States Parties to the Convention on the the European Economic Area,

2.

the text of the information shall be sent to the media in such a way as to ensure that:

a)

the sender of the information can be safely identified,

b)

there is sufficient protection against unauthorised access or alteration of the data and the confidentiality and security of the consignment is also, moreover, by the nature of the transmission path used or by encrypting the data in accordance with the State of the art is ensured,

c)

transmission errors or interruptions can be rectified without delay, and

3.

when sending the information to the media

a)

the name of the publication subject, including his address,

b)

a catchphrase that can be identified as the subject, which sums up the essential content of the publication,

c)

the date and time of the consignment and

d)

the objective of disseminating information as a prescribed information throughout Europe,

is recognizable.

The publication subject is not responsible for technical system errors in the area of responsibility of the media to which the information was sent. (3) The publication subject must be in a position for six years on request, of the Federal Agency

1.

the person who sent the information to the media,

2.

the related security measures for the transmission to the media,

3.

the date and time of the transmission to the media,

4.

the means of transmission to the media and

5.

where applicable, all data for a delay in publication

(4) The publication requires the publication of a third party with the publication, he shall remain responsible for the performance of his publication obligation; the third party shall comply with the requirements of paragraphs 1 to 3. Unofficial table of contents

§ 3b Language of publication

(1) Issuers whose head office is abroad or issuers for which the Federal Republic of Germany is the country of origin in accordance with Section 2 (6) (3) (a) of the German Securities Trading Act (Securities Trading Act) or which is a prospectus in English at the Federal Institute for the securities to which the information relates have been deposited, the publication may only be published in English. In addition, paragraphs 2 to 4 apply. (2) Are securities of an issuer for which the Federal Republic of Germany is the country of origin in accordance with Article 2 (6) of the Securities Trading Act, only to be admitted to trading in an organised domestic market , the information shall be published in the German language. If the securities are to be traded on an organised market in the territory of the country and in one or more other Member States of the European Union or in one or more other Contracting States to the Agreement on the European Economic Area , the information shall be in German or English and, at the choice of the issuer, in a language approved by the competent authorities of the Member States concerned of the European Union or of the States Parties concerned, of the Agreement on the European Economic Area is accepted, or in English (3) A domestic agent within the meaning of Section 2 (7) (2) of the Securities Trading Act must publish the information in German or in English. An issuer whose registered office is domestiated and whose securities are not domiced in the territory of the country but in more than one other Member State of the European Union or State Party to the Agreement on the European Economic Area on trade in a , the information shall, after its election, be held in a Member State of the European Union or of the Contracting States concerned of the Agreement on the European Union in question by the competent authorities of the Member States concerned Economic area accepted language or in English; it may be (4) Are securities of a domestic issuer within the meaning of Section 2 (7) of the German Securities Trading Act, with a minimum denomination of EUR 100 000 or a value equivalent to the issue day in may be admitted to trading in an organised market in the territory of the country or in one or more Member States of the European Union or in one or more Contracting States to the Agreement on the European Economic Area, it shall, by way of derogation from paragraphs 2 and 3, be in English or in a The competent authorities of the Member States of the European Union or States Parties to the Agreement on the European Economic Area shall be published by the Bundesanstalt and, in the case of admission, in other Member States of the European Union (5) Paragraph 4 shall apply mutatily to domestic issuers within the meaning of Article 2 (7) of the Securities Trading Act of securities with a minimum denomination of EUR 50 000 or one equivalent in another on the date of issue in another Currency already traded on an organised market before 31 December 2010 in one or more of the Member States of the European Union or in another State Party to the Agreement on the European Economic Area, as long as such securities are outstanding. Unofficial table of contents

Section 3c Notice of publication

Unless otherwise specified, the Bundesanstalt must be informed of the publication by stating the text of the publication, the media to which the information was sent, and the exact date of dispatch to the media.

Subsection 2
Publication and notification of insider information

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§ 4 Content of the publication

(1) The publication in accordance with Section 15 (1) of the German Securities Trading Act (Securities Trading Act) shall state:

1.

in the header

a)

a clearly highlighted heading "Ad-hoc announcement according to § 15 WpHG",

b)

a catchphrase that can be identified as the subject, which sums up the essential content of the publication,

2.

on the issuer

a)

its name and

b)

his address,

3.

the international securities identification numbers of the shares issued by the issuer, convertible bonds and convertible bonds, as well as pleasure certificates with features comparable to the shares, to the extent that they are trading on a domestic organised market or for which such authorisation has been applied for, and the stock exchange and the trading segment for which the authorisation has been or has been applied for; has issued further financial instruments for which an authorisation exists; or , it is sufficient to specify an Internet address under which it is to provide the relevant information for these financial instruments in an always up-to-date and complete file, with the main page containing a clearly identifiable information on a page containing information for investors under which the file must be easy to find,

4.

the information to be published;

5.

the date of entry of the information on which the information is based,

6.

a brief explanation of the extent to which the information directly concerns the issuer, in so far as it does not already arise from the information given in point 4, and

7.

a statement on the reasons for which the information is likely to have a significant effect on the stock exchange or market price in the event of its public announcement, unless this is already apparent from the information given in point 4.

The publication is intended to be brief. If a person acting on behalf of or on behalf of the issuer is subject to publication in accordance with Section 15 (1) sentence 4 and 5 of the Securities Trading Act, the issuer must inform the issuer without delay and in the publication (2) A publication pursuant to section 15 (1) of the German Securities Trading Act (Securities Trading Act) has again to be published, due to a significant change in the information already published. , it must contain:

1.

in the header

a)

a clearly highlighted heading "Ad-hoc update according to § 15 WpHG",

b)

a catchphrase within the meaning of the first sentence of paragraph 1, point 1 (b),

2.

in accordance with the information referred to in the first sentence of paragraph 1, point 2 and 3, the media to which the information has been sent and the date of such dispatch,

3.

the information to be published on the changed circumstances and

4.

the information referred to in the first sentence of paragraph 1, point 5 to 7.

(3) The publication in accordance with Section 15 (2) sentence 2 of the Securities Trading Act has to contain:

1.

in the header

a)

a clearly highlighted heading "Ad hoc corrigendum according to § 15 WpHG",

b)

a catchphrase within the meaning of the first sentence of paragraph 1, point 1 (b),

2.

in accordance with the information referred to in the first sentence of paragraph 1, point 2 and 3, the content of the publication of the untrue information, the media to which the information has been sent, and the date of such dispatch,

3.

the true information and

4.

the information referred to in the first sentence of paragraph 1, point 5 to 7, in relation to the true information.

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§ 5 Type of publication

Without prejudice to the requirements of § § 3a and 3b, the publication subject shall ensure that the information provided is

1.

on an electronic information dissemination system operating in the case of credit institutions, undertakings operating pursuant to Article 53 (1), first sentence, of the Banking Act, other undertakings which have their registered office in the country and on a domestic stock exchange Participation in the trade is authorised and insurance undertakings are widely available to the public and

2.

if the publisher has an address on the Internet, it is available at this address for a period of at least one month, with the main page showing a clear indication of a page containing information for investors , under which the publication must be easy to find.

The publication referred to in the first sentence of paragraph 2 may not take place before the publication in accordance with the first sentence of 1. The obligations under this provision shall not apply to issuers within the meaning of Section 2 (7) (2) of the Securities Trading Act. Unofficial table of contents

Section 5a Communication of the publication

The disclosure of the publication pursuant to § 15 (5) sentence 2 of the German Securities Trading Act is also to the management of the organized markets within the meaning of § 15 (4) sentence 1 no. 1 and 2 of the German Securities Trading Act (Securities Trading Act). Securities trading law. The requirements of § 3a (2) sentence 1 no. 2 and 3 shall apply mutatily for the dispatch of the notification. Unofficial table of contents

§ 6 Calculated interests for delayed publication

Legitimate interests which, pursuant to Article 15 (3), first sentence of the German Securities Trading Act, can be exempted from the obligation to publish immediately pursuant to Article 15 (1) sentence 1 of the German Securities Trading Act (Securities Trading Act) are available if the interests of the issuer are to be found at the Secrecy of information outweighs the interests of the capital market in a complete and timely publication. This may in particular be the case if:

1.

the outcome or the course of ongoing negotiations on business content which would be likely to have a significant impact on the stock exchange or market price in the event of their public announcement likely to have a significant impact on the publication and a publication would seriously endanger the interests of investors, or

2.

contracts concluded by the issuer's management body or other decisions taken together with the announcement would have to be disclosed to the effect that the consent required for the effectiveness of the measure to be approved by another the institution of the issuer is still pending, and this would endanger the proper assessment of the information by the public.

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§ 7 Warranty of confidentiality during the waiver of the publication obligation

During the liberation pursuant to Section 15 (3) sentence 1 of the Securities Trading Act, the issuer must control access to insider information by taking effective measures to ensure that:

1.

that persons other than those whose access to insider information is essential for the performance of their tasks with the issuer does not gain access to that information; and

2.

that he or she shall be able to disclose the information immediately if he is no longer in a position to ensure confidentiality.

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Section 8 Content of the communication

(1) In the notice pursuant to Section 15 (4) of the Securities Trading Act (Securities Trading Act), please state:

1.

the text of the published publication,

2.

the date of publication and

3.

a contact person for the issuer with telephone number.

(2) In addition, in the case of Section 15 (2) sentence 2 of the Securities Trading Act, the reasons for the publication of the untrue information are to be stated only in the notice to the Bundesanstalt pursuant to Section 15 (4) sentence 1 (3) of the Securities Trading Act. § 4 (9) sentence 1 of the German Securities Trading Act applies accordingly. (3) In addition, in the case of § 15 (1) sentence 4 and 5 of the Securities Trading Act, the issuer only has to do so in the notification to the Federal Institute pursuant to § 15 (4) sentence 1 no. 3 of the German Securities Trading Act (Bundesanstalt). The Securities Trading Act shall be disclosed:

1.

the name and surname of the person who has been informed or made available to the insider information,

2.

their business address or, if they do not exist, their private address,

3.

the date of the notification of information, and

4.

in the case of Section 15 (1) sentence 5 of the Securities Trading Act, the circumstances of the unwielly duty to provide information.

§ 4 (9) sentence 1 of the German Securities Trading Act applies accordingly. (4) The information referred to in paragraphs 2 and 3 may be submitted within 14 days after publication. (5) The notice to the Federal Institute pursuant to § 15 (3) sentence 4 of the German Securities Trading Act (Bundesanstalt) The Securities Trading Act shall contain:

1.

the reasons for the exemption from the obligation to publish; and

2.

the indication

a)

the date of the decision to postpone the publication, the later dates on which the continued existence of the reasons was reviewed and the date of the decision on the notification and publication now to be made, and

b)

the name and surname, as well as the business addresses and numbers of all persons involved in the decision on the waiver.

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§ 9 Art and form of communications

(1) Communications pursuant to § 8 are to be sent in writing by fax. At the request of the Bundesanstalt, the self-signed communication is to be returned by post. The same may also require the management of organized markets within the meaning of § 15 (4) sentence 1 no. 1 and 2 of the Securities Trading Act, provided that it receives a notice under these regulations. (2) The Federal Institute may be able to: , to send the communications pursuant to § 8 by means of remote data transmission, provided that the relevant state of the art measures are taken in order to ensure data protection and data security, which, in particular, Ensure the confidentiality and integrity of the data and, if used in the case of use Generally accessible networks are used for the respective state of the art encryption methods.

Subsection 3
Publication and communication of shops

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Section 10 Content of the communication

The communication pursuant to Section 15a (1) sentence 1 of the German Securities Trading Act (Securities Trading Act) to the issuer and the Federal Institute for its own business has to be included:

1.

the clearly highlighted heading "Communication on the business of managers pursuant to Section 15a of the WpHG",

2.

to the person subject to the obligation to participate

a)

their names and surnames or, in the case of legal persons, their names,

b)

their business address,

c)

their phone number or that of a contact person,

d)

in the case of natural persons, the day of their birth and, if a business address does not exist, the private address,

3.

the name and address of the issuer;

4.

a description to be formulated in each keyword

a)

the position and remit of the person with managerial responsibilities in the issuer; and

b)

in the case of Section 15a (1) sentence 2 of the Securities Trading Act, in addition to the close relationship of the person subject to the obligation to the person with management duties,

5.

an exact name of the financial instrument with which the transaction has been made, including the international securities identification number; and

6.

a detailed description of the business with information on

a)

type of business, in particular, whether it is a purchase or sale,

b)

the date and place of the business transaction;

c)

Price, currency, number and volume of business, as well as

d)

Basic instrument, base price, price multiplier and maturity in derivatives transactions.

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Section 11 Nature and form of communication

(1) Communications pursuant to Section 15a (1) sentence 1 of the Securities Trading Act are to be sent in writing. In the case of sending a notice by fax, the Bundesanstalt's request must be submitted by post at the request of the Bundesanstalt. (2) The Federal Office may open the possibility of the communications according to § 15a of the German Federal Office for Information and Communication (Bundesanstalt). to transfer securities trading law by way of remote data transmission, provided that the relevant state of the art measures are taken to ensure data protection and data security, in particular the confidentiality and Ensure the integrity of the data and, in the case of use, in general appropriate encryption methods are applied to the respective state of the art. Unofficial table of contents

§ 12 Content of the publication

The publication pursuant to Section 15a (4) sentence 1 of the Securities Trading Act has to be included

1.

the clearly highlighted heading "Communication on the business of managers pursuant to Section 15a of the WpHG",

2.

the name of the person subject to the obligation to participate, or the name of the person who is subject to the obligation of legal persons,

3.

the name and address of the issuer;

4.

an indication as to whether the co-participating executive functions in the issuer or is a person in a close relationship with such a person pursuant to Section 15a (3) of the German Securities Trading Act (Securities Trading Act),

5.

a description of the person's position and the role of the person with managerial responsibilities, which is to be formulated in a keyword.

6.

the information referred to in Articles 10 (5) and (6).

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§ 13 Type of publication

In addition to the publication in accordance with Section 15a (4) sentence 1 of the German Securities Trading Act (Wertpapierhandelsgesetz) in conjunction with § § 3a and 3b, the Federal Institute may publish the information on the Internet at its address. Unofficial table of contents

Section 13a Notice of publication

The issuers ' notice of publication to the Federal Institute pursuant to Section 15a (4) sentence 2 of the German Securities Trading Act (Securities Trading Act) is subject to § 3c.

Subsection 4
InsiderDir

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Section 14 Contents of the list

The list in accordance with Section 15b (1) sentence 1 of the Securities Trading Act has to be included:

1.

the clear heading "InsiderRegister according to § 15b WpHG",

2.

the name of the person responsible for the management of the list of insiders in accordance with the first sentence of Article 15b (1) of the Securities Trading Act and the persons appointed by him with the management of the insider's directory, and in the case of natural persons, the name and surname,

3.

to the persons to be included in the list of insiders,

a)

their first and family names,

b)

Day and place of birth, and

c)

their private and business address,

4.

the reason for the collection of these persons in the list, and

5.

the date on which the person concerned has access to insider information, and, where appropriate, the date on which access no longer exists; and

6.

the date of creation and, where appropriate, the last update of the directory.

The information provided for in the first sentence of paragraph 3 (b) and (c) may be replaced by a reference to another list which contains the data. They must be able to be immediately added to the list of insiders at any time. If the list of insiders is sent to the Bundesanstalt on request, it must contain this information. Unofficial table of contents

Section 15 Corrigendum

The directory must be updated immediately if it has become inaccurate. This shall apply in particular where:

1.

is changing the reason for the collection of persons already covered,

2.

to add new people to the directory, or

3.

no longer have access to insider information in the list of persons covered by the list.

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Section 16 Retention and Destruction

(1) It is necessary to ensure that the data of the directory are available at all times and can be made legible within a reasonable period of time. For storage purposes, Section 257 (3) and (5) of the Commercial Code shall apply accordingly. The list shall not be published and shall be maintained in such a way as to ensure that only those responsible for the management of the directory in the undertaking responsible for the management of the directory and who, on the basis of their profession, are responsible for the management of the directory, (2) The data must be kept for a period of six years in such a way that it can be shown at any time for any period of time over the last six years, which People had access to insider information. This deadline is new for each updated record. After the deadline has been run, the data must be deleted.

Subsection 5
Publication and communication in the event of changes in the voting rights

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Section 17 Content of the communication

(1) The notifications pursuant to section 21 (1) sentence 1 and paragraph 1a of the Securities Trading Act have to contain:

1.

the clearly highlighted heading "Voting Rights Communication",

2.

the name and address of the person to be notified;

3.

the name and address of the issuer;

4.

the threshold which has been touched and whether the threshold has been exceeded, fallen below or reached,

5.

the amount of the voting rights now held in respect of the total amount of the voting rights of the issuer, even if the exercise of those voting rights is suspended, and in respect of all shares with voting rights of one and the same class and

6.

the date when the threshold is exceeded, less than or less than the threshold.

(2) In addition, in the case of the allocation of voting rights in accordance with Section 22 (1) and (2) of the Securities Trading Act, the notification referred to in paragraph 1 shall be included:

1.

the name of the third party whose shares are attributed to the voting rights subject to the right of participation, if the proportion of the voting rights attributed to it is 3 per cent or more,

2.

where appropriate, the names of the controlled undertakings in respect of which the voting rights are actually held if their share of the voting rights in question is 3 per cent or more in each case.

The voting rights to be attributed are to be stated separately in the communications pursuant to § 21 (1) and (1a) of the German Securities Trading Act for each of the numbers in § 22 (1) and Section 22 (2) sentence 1 of the German Securities Trading Act. (3) The communication pursuant to § 25 (2) (3) (1) of the German Securities Trading Act (Wertpapier In addition to the information provided for in paragraph 1 (1), (2), (4) and (6), the first sentence of the Securities Trading Act shall be:

1.

the name and address of the issuer of the shares which may be acquired with the financial instruments or other instruments;

2.

the sum of the share of the voting rights held and the share of voting rights, of the holdings, if the contributor instead of the financial instruments or other instruments hielte the shares acquired under the formal agreement , as well as the indication of whether the threshold has been exceeded, exceeded or reached; the indication of the proportion of the voting rights must relate to the total amount of the issuer's voting rights,

2a.

the amount of the percentage of the voting rights, where the person liable to participate, instead of the financial instruments or other instruments, has the shares which may be acquired under the formal agreement; the indication of the voting rights shall relate to the total amount of voting rights of the issuer,

2b.

the amount of the voting rights held in respect of the total amount of the voting rights of the issuer, even if the exercise of those voting rights is suspended, and in respect of all shares with voting rights of one and the same class,

3.

where appropriate, the chain of controlled undertakings through which the financial instruments or other instruments are held,

4.

(dropped)

5.

in the case of financial instruments or other instruments with a given period of exercise, an indication of the date on which the shares are to be or may be acquired; and

6.

the date of maturity or the decay of the financial instruments or other instruments.

(4) The communication pursuant to Article 25a (1), first sentence, of the Securities Trading Act shall contain, in addition to the information provided in paragraph 1 (2), (4) and (6), the following:

1.

the name and address of the issuer of the shares which may be acquired with the financial instruments or other instruments;

2.

the sum of the share of the voting rights held, the proportion of voting rights that would be held if the person liable to participate instead of the financial instruments or other instruments had the shares acquired under the formal agreement , and the amount of the percentage of the voting rights which would be available if the person responsible for the participation, instead of the financial instruments or other instruments, hielte the shares of which the financial instruments or other instruments allow; and the amount of the share of the voting rights, Indication of whether the threshold exceeded the sum, fallen below or ; the indication of the voting rights must relate to the total amount of voting rights of the issuer;

3.

the amount of the percentage of the voting rights that would be available if the person liable to participate, instead of the financial instruments or other instruments, would have the shares which may be acquired under the formal agreement; the indication of the voting rights shall relate to the total amount of voting rights of the issuer,

4.

the amount of the voting rights held in respect of the total amount of the voting rights of the issuer, even if the exercise of those voting rights is suspended, and in respect of all shares with voting rights of one and the same class,

5.

the amount of the voting rights, which would be the case where the person liable to participate, instead of the financial instruments or other instruments, has the shares which the financial instruments or other instruments enable to acquire; the indication of the Voting rights must refer to the total amount of voting rights of the issuer,

6.

where appropriate, the chain of controlled undertakings through which the financial instruments or other instruments are held,

7.

the date of the maturity or decay of the financial instruments or other instruments; and

8.

where appropriate, the International Securities Identification Number (ISIN) of the financial instrument or other instrument.

(5) For the purposes of the calculation of the voting rights, the last publication in accordance with Article 26a of the Securities Trading Act shall be based. Unofficial table of contents

§ 17a Calculation of the
Voting rights for the communication
in accordance with Article 25a, first sentence, sentence 1 of the Securities Trading Act

The calculation of the voting rights in accordance with Section 25a (2) of the Securities Trading Act shall not be included:

1.

Financial instruments and other instruments within the meaning of Article 25a (1), first sentence, of the Securities Trading Act, which relate to their own shares of an issuer for which the Federal Republic of Germany is the country of origin, and to which it is based on the basis of its own shares. make it possible to acquire such shares; and

2.

Shares of shares of an issuer for which the Federal Republic of Germany is the country of origin, on share baskets and indices, when calculating the price of the financial instrument or other instrument within the meaning of Article 25a (1) of the Regulation Article 1 of the Securities Trading Act at the time of acquisition of the shares shall take into account the shares with a maximum of 20 per cent.

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§ 18 Art, form and language of the communication

Notifications pursuant to section 21 (1) sentence 1, subsection 1a, section 25 (1) sentence 1 and section 25a (1) sentence 1 of the Securities Trading Act are to be sent in writing or by fax in German or English to the issuer and the Federal Institute. Unofficial table of contents

Section 19 Content of the publication

The publication in accordance with Section 26 (1) sentence 1 of the German Securities Trading Act must contain the information contained in the communication; the person liable to participate must be provided with the complete name, seat and state in which his or her place of residence or seat is located. Unofficial table of contents

§ 20 Type and language of publication

The type and language of the publication pursuant to Article 26 (1), first sentence, of the German Securities Trading Act shall be effected in accordance with § § 3a and 3b; however, by way of derogation from this, the issuer may publish the communication in English if he/she is responsible for the communication. has been given in English. Unofficial table of contents

Section 21 Notification of publication

§ 3c applies to the issuers ' notice of publication to the Bundesanstalt pursuant to section 26 (2) of the German Securities Trading Act (Securities Trading Act).

Subsection 6
Publication and content of financial reports

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Section 22 Type and language of publication

§ § 37v (1) sentence 2 and § 37x (1) sentence 2 of the German Securities Trading Act (Securities Trading Act) shall apply to the type and language of publication of the notice pursuant to § 37v (1) sentence 2 and § 37x (1) sentence 2 of the Securities Trading Act. Unofficial table of contents

Section 23 Notice of publication

Section 3c applies to the company's communication on the publication of the notice to the Bundesanstalt pursuant to § 37v (1) sentence 3, § 37w (1) sentence 3 and § 37x (1) sentence 3 of the German Securities Trading Act (Securities Trading Act). Unofficial table of contents

§ 24 Availability of financial reports

The information in the sense of § 37v (2) and § 37w (2) of the Securities Trading Act must be open to the public for at least five years in the corporate register.

Subsection 7
Election of the State of origin

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Section 25 Type of publication

The choice of the Federal Republic of Germany as the country of origin according to § 2b of the Securities Trading Act shall be published in accordance with Section 3a.

Subsection 8
Publication of additional information

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§ 26 Art, language and communication of publication

The publication in accordance with § 30e (1) sentence 1 of the German Securities Trading Act takes place in accordance with § § 3a and 3b; the issuer may, however, only in English in the meaning of Section 30e (1) sentence 1 (3) of the German Securities Trading Act (Securities Trading Act) Publish language. The communication pursuant to Section 30e (1) sentence 1 of the Securities Trading Act shall be made in accordance with § 3c.

Section 4
entry into force

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Section 27 Entry into force

This Regulation shall enter into force on the day following the date of delivery.