EQS-AGM: IMMOFINANZ AG: Invitation to the 30th Ordinary Shareholders’ Meeting
EQS-AGM: IMMOFINANZ AG: Invitation to the 30th Ordinary Shareholders’ Meeting
EQS-News: IMMOFINANZ AG / Announcement of the Convening of the General
Meeting
IMMOFINANZ AG: Invitation to the 30th Ordinary Shareholders’ Meeting
05.04.2023 / 12:16 CET/CEST
Announcement of the Convening of the General Meeting, transmitted by EQS
News – a service of EQS Group AG.
The issuer is solely responsible for the content of this announcement.
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IMMOFINANZ AG
Invitation to
the 30^th Ordinary Shareholders’ Meeting
We hereby invite our shareholders to the 30^th ordinary shareholders’
meeting of IMMOFINANZ AG with its registered office in Vienna, FN 114425y,
to take place on 03 May 2023 at 11:00 a.m. CEST (Vienna local time) at
Ungargasse 37, AT-1030 Vienna, Austria. If the ordinary shareholders’
meeting is not completed on 03 May 2023 by 24:00 CEST (Vienna local time),
the ordinary shareholders’ meeting will be continued on the following day,
04 May 2023 at 0:00 CEST (Vienna local time).
For the protection of the shareholders and other participants, the
Executive Board has decided to hold the shareholders’ meeting in the form
of a virtual shareholders’ meeting on the basis of section 1 para 2
Corporate COVID-19 Act, Federal Law Gazette I No. 16/2020 as amended
(“COVID-19-GesG”) and the Corporate COVID-19 Regulation, Federal Law
Gazette II No. 140/2020 as amended (“COVID-19-GesV”). This means that the
shareholders will not be able to participate physically in the
shareholders’ meeting of IMMOFINANZ AG on 03 May 2023 for reasons of
health protection. The Executive Board asks the shareholders for their
understanding that they will not be able to attend the shareholders’
meeting in person.
The organizational and technical requirements for participation in the
virtual shareholders’ meeting pursuant to section 2 para 4 COVID-19-GesV
are explained in point C of this invitation.
A. Agenda (section 106 item 3 Austrian Stock Corporation Act)
1. Presentation of the adopted annual financial statements including the
management report, the consolidated corporate governance report, the
consolidated financial statements including the group management
report, the proposal for the appropriation of the balance sheet profit
and the report of the Supervisory Board on the business year 2022.
2. Resolution on the appropriation of the balance sheet profit stated in
the financial statements for the business year 2022.
3. Resolution on the approval of the actions of the members of the
Executive Board for the business year 2022.
4. Resolution on the approval of the actions of the members of the
Supervisory Board for the business year 2022.
5. Election of the auditor for the individual and consolidated financial
statements for the business year 2023.
6. Resolution on the remuneration of the Supervisory Board members.
7. Resolution on the remuneration report for the remuneration of the
members of the Executive Board and the Supervisory Board for the
business year 2022.
8. Resolution on authorisations of the Executive Board for the repurchase
and sale of treasury shares other than via the stock exchange or via a
public offering, also with an authorisation of the Executive Board to
exclude the shareholders´ rights to a pro-rata disposal of their
shares as well as to a pro-rata purchase of shares (exclusion of
subscription rights) and the authorisation of the Executive Board to
redeem treasury shares.
9. Resolution on the authorisation of the Executive Board to issue
convertible bonds and regarding conditional capital.
Authorisation of the Executive Board to issue convertible bonds
and exclusion of the shareholders’ subscription rights, together with the
revocation of the existing authorisation to issue convertible bonds in the
unused amount as well as conditional increase of the share capital
(section 159 para 2 item 1 Austrian Stock Corporation Act) and
cancellation of existing conditional capital in the unused amount as
resolved upon at the shareholder’s meeting of 12 July 2022 (Article 4 para
(6) of the Articles of Association) as well as corresponding amendments
to the Articles of Association in Article 4 (Registered Capital and
Shares).
10. Resolution on a new authorisation of the Executive Board to increase
the share capital pursuant to Section 169 Austrian Stock Corporation
Act (authorized capital) against contributions in cash and/or in kind
including the authorisation of the Executive Board to exclude the
shareholders’ subscription rights, together with the revocation of the
authorisation granted to the Executive Board to increase the share
capital (authorized capital) in the unused amount and together with
the related amendments to the Articles of Association in section 4
(Registered Capital and Shares).
B. Provision of information (section 106 item 4 Austrian Stock
Corporation Act)
Documents pursuant to section 108 para 3 and 4 Austrian Stock Corporation
Act will be published on the company’s website ([1] www.immofinanz.com)
from the 21^st day prior to the date of the ordinary shareholders’
meeting, therefore from 12 April 2023 at the latest:
a. Notice convening the shareholders’ meeting
b. If necessary, modifications and/or additions on the organizational and
technical requirements for participation in the virtual shareholders’
meeting (section 3 para 3 COVID-19-GesV)
c. Motions for resolutions of the Executive Board and motions for
resolutions and nominations of the Supervisory Board
d. Annual financial statements and management report for the 2022
business year
e. Consolidated annual financial statements and group management report
for the 2022 business year
f. Consolidated corporate governance report for the 2022 business year
g. Proposal for appropriation of the balance sheet profit
h. Report by the Supervisory Board to the shareholders’ meeting according
to section 96 Austrian Stock Corporation Act
i. Remuneration report for the Executive Board and the Supervisory Board
j. Report by the Executive Board justifying the exclusion of subscription
rights concerning agenda item 8 (authorisation of the Executive Board
for the repurchase and sale of treasury shares)
k. Report by the Executive Board justifying the exclusion of subscription
rights concerning agenda item 9 (authorisation of the Executive Board
to issue convertible bonds)
l. Report by the Executive Board justifying the exclusion of subscription
rights concerning agenda item 10 (authorisation of the Executive Board
to increase the share capital according to section 169 Austrian Stock
Corporation Act)
m. Question form
n. Forms of granting power of attorney (proxy) (granting including
instructions and revocation) to the four independent special proxies
named by the company
C. Information on the virtual shareholders’ meeting and organizational
and technical requirements for participation
The organisational and technical requirements for participation in the
virtual shareholders’ meeting pursuant to section 2 para 4 COVID-19-GesV
are hereby notified. In accordance with section 3 para 3 COVID 19-GesV,
any modifications and/or additions to these organisational and technical
requirements will be made available on the company’s website
www.immofinanz.com no later than 12 April 2023.
1. Webcast of the shareholders’ meeting
In accordance with section 3 para 4 COVID 19-GesV in connection with
section 102 para 4 of the Austrian Stock Corporation Act the shareholders’
meeting will be broadcast in full in picture and sound in real time on the
internet. All shareholders may follow the shareholders’ meeting on 03 May
2023 from approx. 11:00 a.m. online at www.immofinanz.com. This enables
every shareholder to follow the shareholders’ meeting in real time via
this optical and acoustic one-way connection.
Shareholders require high-performance internet access and an
internet-compatible device for the audio and video transmission via an
up-to-date internet browser. No registration or login is required to
follow the shareholders’ meeting.
Please note that this live transmission as a virtual shareholders’ meeting
does not provide for remote participation (section 102 para 3 item 2 of
the Austrian Stock Corporation Act) and remote voting (section 102 para 3
item 3 and section 126 of the Austrian Stock Corporation Act) and that the
transmission on the internet is not a two-way connection. It is also
pointed out that the company is only responsible for the use of technical
means of communication to the extent that these are attributable to its
sphere of influence.
2. Representation of shareholders by special proxies
It will not be possible for shareholders to be physically present at the
virtual shareholders’ meeting. In accordance with section 3 para 4
COVID-19-GesV, shareholders can cast votes, submit motions for resolutions
or raise an objection in the virtual shareholders’ meeting only through
one of the four independent special proxies named below, the costs of
which will be carried by the company:
(i) Attorney Dr. Marie-Agnes Arlt, LL.M. (NYU)
1010 Vienna, Ebendorferstraße 6/10
Phone: + 43 1 308 25 80
E-mail: arlt.immofinanz@hauptversammlung.at
(ii) Attorney Dr. Paul Fussenegger
1010 Vienna, Rotenturmstraße 12/6
Phone: +43 1 235 10 01
E-mail: [2]fussenegger.immofinanz@hauptversammlung.at
(iii) Daniel Spindler
c/o Oberhammer Rechtsanwälte GmbH
1010 Vienna, Karlsplatz 3/1
Phone: +43 1 503 300 0
E-mail: [3]spindler.immofinanz@hauptversammlung.at
(iv) Dr. Martin Foussek
c/o Coown Technologies GmbH
1040 Vienna, Gusshausstraße 3/2a
Phone: +43 699 19 656 500
E-mail: [4]foussek.immofinanz@hauptversammlung.at
To cast votes, submit motions for resolutions or raise an objection in the
virtual shareholders’ meeting, shareholders must choose and authorise one
of the above-mentioned special proxies. The special proxies will only
exercise the voting right, the right to submit motions for resolutions and
the right to raise objections in accordance with the shareholders’
instructions.
It is recommended to contact the special proxy of your choice in good time
if you intend to instruct the special proxy to propose motions for
resolutions and to raise an objection to one or more items on the agenda.
A proxy authorisation form for the four special proxies, as well as a form
for the revocation of proxy authorisation, is available on the company’s
website www.immofinanz.com. In the interest of a smooth processing, we ask
to use the available forms. Details on the proxy authorisation, in
particular about the text form and the content of the proxy authorisation,
are contained in the proxy authorisation form that is available to the
shareholders.
To facilitate processing, please send your completed proxy authorisation
form (in text form) in such a timely manner that it is received no later
than 02 May 2023, 4:00 p.m. CEST (Vienna local time), using one of the
communication channels stated below:
Authorisation forms to the special proxies may be sent by e-mail to the
address of the person you have chosen, with the proxy authorisation
attached to the e-mail in text form, e.g. as a PDF file. This way the
special proxy of your choice will have direct access to the authorisation
and your instructions.
The following communication channels and addresses are also available for
the transmission of your proxy authorisation form:
• via mail or courier service at the address HV-Veranstaltungsservice
GmbH, Köppel 60, AT-8242 St. Lorenzen am Wechsel;
• per facsimile under the fax number +43 (0) 1 8900-50050;
• by credit institutions according to section 114 para 1 Austrian Stock
Corporation Act per SWIFT to the address GIBAATWGGMS, Message Type
MT598 or MT599 (specification of the ISIN AT0000A21KS2 is necessary).
Please note that it is not possible to present a proxy authorisation in
person on the day of the shareholders’ meeting.
Shareholders have the option to revoke their proxy authorisation. The
above provisions for proxy authorisation apply mutatis mutandis to its
revocation. The revocation does not take effect until it has been received
by the company.
Please note that in addition to a proxy authorisation also a deposit
confirmation in accordance with section 10a Austrian Stock Corporation Act
is necessary for participation in the virtual shareholders’ meeting, which
must be received by the company no later than 27 April 2023 (see point E).
3. Shareholders’ right to information
Shareholders may exercise their right to information pursuant to section
118 Austrian Stock Corporation Act in the virtual shareholders’ meeting as
follows:
The shareholders are invited to send their questions in advance by e-mail
to fragen.immofinanz@hauptversammlung.at, if possible in such a way that
they are received by the company on the third business day prior to the
shareholders’ meeting, hence on Thursday, 27 April 2023.
This will enable the preparation of answers in advance and a swift
treatment during the shareholders’ meeting.
For your questions, please use the question form provided on the company’s
website www.immofinanz.com to ensure the most efficient processing
possible.
Questions may also be sent by simple e-mail. The e-mail must end with your
name (reproduction of signature in accordance with section 13 para 2
Austrian Stock Corporation Act).
To verify your identity as a shareholder for the transmission of
questions, please use the e-mail address specified in the space provided
on the authorisation form for your special proxy. By signing the proxy
authorisation form, you confirm that only you have access to this e-mail
address.
If no shareholder e-mail address is indicated on the proxy authorisation
form, or if questions are sent from another e-mail address, the identity
of the person making the declaration must be verified with the
shareholder’s name/company name and date of birth/company register number
as well as the securities account number, the credit institution and the
number of shares.
If any doubts arise regarding the identity of a participant during the
conduct of the shareholders’ meeting, the company reserves the right to
verify the identity in an appropriate manner.
If a proxy exercises the right to information, proof of proxy
authorisation must also be provided in text form. Please note that the
special proxies cannot be authorised to exercise the right to information.
4. Rights during the shareholders’ meeting
A shareholder may also send questions by e-mail to
fragen.immofinanz@hauptversammlung.at during the virtual shareholders’
meeting (see above on the shareholders’ right to information).
The questions received by the company from shareholders before or during
the shareholders’ meeting are read out in the shareholders’ meeting in
accordance with section 118 Austrian Stock Corporation Act by the chairman
or a person designated by him.
The chairman of the shareholders’ meeting will structure the course of the
meeting, in particular announcing during the meeting a certain point in
time until which questions may be asked.
Likewise, the shareholder may, up to the times specified by the chairman
in the shareholders’ meeting, give (or amend) instructions by e-mail to
the authorised special proxy, in particular instructions on casting votes,
submitting motions for resolutions or raising objections. Please note that
the special proxy cannot exercise the right to ask questions on behalf of
the shareholder.
For any instructions, please send a simple e-mail to the e-mail address of
your special proxy listed under item 2 above. The e-mail must end with
your name (reproduction of signature in accordance with section 13 para 2
Austrian Stock Corporation Act). Please use the e-mail address indicated
in the proxy authorisation form to verify your identity and to ensure that
it matches the proxy authorisation issued, or name the person making the
declaration by stating the name/company and date of birth/company register
number as well as the securities account number, the credit institution
and the number of shares of the shareholder if you use another e-mail
address (see above for the relevant requirements when exercising the
shareholders’ right to information).
Please note that during the shareholders’ meeting you can only communicate
with your special proxy by e-mail and not by phone or message services.
D. Information regarding shareholders’ rights (section 106 item 5
Austrian Stock Corporation Act)
1. Request of agenda items by shareholders (section 109 Austrian Stock
Corporation Act)
Shareholders who have been holding, individually or cumulatively, five
percent of the ordinary share capital of the company for a period of at
least three months prior to the filing of the request may demand in
writing that items shall be put on the agenda of the shareholders’ meeting
and shall be published. Each such agenda item has to be accompanied by a
motion and a rationale.
The requesting shareholder has to confirm its shareholding. In case of
bearer shares held on securities accounts a depository confirmation in
accordance with section 10a Austrian Stock Corporation Act shall be
sufficient. Such depository confirmation shall be issued by a credit
institution with its registered office in a member state of the European
Economic Area or in a full member state of the OECD. The depository
confirmation shall not be dated more than seven days prior to the date of
submission and shall confirm that the shareholder has been holding the
shares throughout a period of at least three months prior to the filing of
the request. In case of several shareholders who only cumulatively reach
the required shareholding of five percent of the ordinary share capital,
depository confirmations for all shareholders must refer to the same point
in time (date, time).
Regarding further required content of the depository confirmation it is
referred to the information for participating in the shareholders’ meeting
(point E).
The written request for additional agenda items together with the
confirmation of shareholding described above must be received by the
company on the 21st day prior to the date of the ordinary shareholders’
meeting, hence on 12 April 2023 (Wednesday) at the latest,
• via mail, courier service or personally delivered, signed by hand,
during normal office hours at its business address at AT-1100 Vienna,
Wienerbergstraße 9, or
• via e-mail with qualified electronic signature to the address:
[5]hauptversammlung@immofinanz.com, or
• by credit institutions according to section 114 para 1 sentence 4
Austrian Stock Corporation Act per SWIFT to the address GIBAATWGGMS,
Message Type MT598 or MT599 (specification of the ISIN AT0000A21KS2 or
AT0000A2UUN5 is necessary).
2. Motions by shareholders (section 110 Austrian Stock Corporation Act)
Shareholders whose shareholdings, individually or cumulatively, equal or
exceed one percent of the ordinary share capital of the company may file
for each item of the agenda a motion in text form (in writing, no
signature required) with the company and demand that these motions
together with the names of the filing shareholders, their rationales which
are to be attached and, if applicable, comments by the Executive or the
Supervisory Board thereto shall be made available on the website of the
company ([6] www.immofinanz.com).
The requesting shareholder has to confirm its shareholding. In case of
bearer shares held on securities accounts a depository confirmation in
accordance with section 10a Austrian Stock Corporation Act shall be
sufficient. Such depository confirmation shall be issued by a credit
institution with its registered office in a member state of the European
Economic Area or in a full member state of the OECD. The depository
confirmation shall not be dated more than seven days prior to the date of
submission. In case of several shareholders who only cumulatively reach
the required shareholding of one percent of the ordinary share capital,
depository confirmations for all shareholders must refer to the same point
in time (date, time).
Regarding the further required content of the depository confirmation it
is referred to the information for participating in the shareholders’
meeting (point E).
The motion for resolution must be received together with the confirmation
of shareholding described above on the seventh business day prior to the
date of the ordinary shareholders’ meeting, hence on 21 April 2023 at the
latest,
• via e-mail to the address: [7]hauptversammlung@immofinanz.com, or
• via mail, courier service or personally delivered at its business
address at AT-1100 Vienna, Wienerbergstraße 9, or
• via facsimile under the fax number +43 (0) 1 88090-8259.
Motions compliant with the law will be published on the website of
IMMOFINANZ AG no later than two business days after receipt (section 110
Austrian Stock Corporation Act).
3. Right to information (section 118 Austrian Stock Corporation Act)
Each shareholder shall, upon request, be informed at the shareholders’
meeting regarding the company’s affairs as far as necessary for a proper
judgement in respect of items of the agenda. The information right also
relates to the company’s legal and commercial relationships to its
affiliated companies.
Providing the information may be rejected as far as
1. providing the information could, subject to reasonable business
judgement, cause significant damage to the company or to an affiliate
company, or
2. providing the information would constitute an offence.
The right to information may be exercised during the virtual shareholders’
meeting in accordance with the modalities set out under point C.3 by the
shareholders themselves.
4. Motions by shareholders during the shareholders’ meeting (section 119
Austrian Stock Corporation Act)
Every shareholder – regardless of the shareholding amount – has the right
to bring forward motions in respect to each item on the agenda at the
shareholders’ meeting. In the virtual shareholders’ meeting on 03 May
2023, shareholders can only submit motions through one of the special
proxies (see the explanations under point C).
If several motions are made to the same agenda item, section 119 para 3
Austrian Stock Corporation Act allows the chairman to determine the order
in which the motions are voted on.
E. Record date and prerequisites for participation in the shareholders’
meeting (section 106 item 6 and item 7 Austrian Stock Corporation Act)
For the right to participate in the shareholders’ meeting and to exercise
shareholder rights shares of the company must be held at the end of the
tenth day prior to the shareholders’ meeting (record date), this is 23
April 2023 (Sunday), 12:00 p.m. (midnight) CEST (Vienna local time).
Only such persons are entitled to participate in the shareholders’ meeting
who are shareholders at the end of the record date and confirm this
vis-à-vis the company.
Please note that it is not possible for shareholders to come to the
location of the shareholders’ meeting and physically attend the meeting
themselves (virtual shareholders’ meeting).
In the case of bearer shares held on securities accounts a depository
confirmation in accordance with section 10a Austrian Stock Corporation Act
shall be sufficient for the confirmation of the shareholding. Such
depository confirmation shall be issued by a credit institution with its
registered office in a member state of the European Economic Area or in a
full member state of the OECD.
The depository confirmation must contain the following details
(section 10a para 2 Austrian Stock Corporation Act):
• Details of the issuer: name (company name), address or a standard code
used in communications between credit institutions
• Details of the shareholder: name/company, address, in case of natural
persons the date of birth and in case of legal persons the register
and registration number (if applicable)
• Details of the shares: number of the shares held by the shareholder,
the class of shares or the international securities identification
number
• Securities account number or other identification
• Declaration that the depository confirmation refers to the balance of
the securities account as of 23 April 2023, 24:00 (midnight) CEST
(Vienna local time).
The depository confirmation may be issued in German or English.
The depository confirmation must be received on the third business day
prior to the shareholders’ meeting, hence on 27 April 2023, 24:00
(midnight) CEST (Vienna local time) at the latest
• as document signed by officers representing the issuing credit
institution via mail or courier service at the address
HV-Veranstaltungsservice GmbH, Köppel 60, AT-8242 St. Lorenzen am
Wechsel, or
• per facsimile under the fax number +43 (0) 1 8900-50050, or
• per e-mail to the address: [8]anmeldung.immofinanz@hauptversammlung.at
(depository confirmation as pdf-document attached to the e-mail), or
• per SWIFT to the address GIBAATWGGMS, Message Type MT598 or MT599
(specification of the ISIN AT0000A21KS2 is necessary).
Credit institutions are kindly asked to send depository confirmations
collectively in the form of a list.
F. Appointment of representatives (proxy holders)
Each shareholder who is entitled to participate in the virtual
shareholders’ meeting and who has proven this in accordance with the
provisions stated in point E of this invitation, has the right to grant
power of attorney (proxy) for the shareholders’ meeting (section 113
Austrian Stock Corporation Act).
For the virtual shareholders’ meeting on 03 May 2023 exclusively one of
the special proxies named under point C.2 above can be authorised via the
communication channels mentioned there to cast votes, submit motions for
resolutions or raise an objection during the virtual shareholders’
meeting.
In accordance with section 3 para 4 COVID-19-GesV it is not possible to
authorise persons other than the four special proxies to exercise these
rights in the virtual shareholders’ meeting. It is permissible, however,
to authorise other persons to exercise other rights, in particular the
right to information.
If shareholders authorise persons to represent them other than one of the
four special proxies named by the company, such as the custodian bank, an
effective proxy chain (sub-proxy) must exist to ensure that one of the
four special proxies is authorised to exercise the right to vote, to
submit motions for resolutions and to make an objection in the virtual
shareholders’ meeting itself.
The power of attorney (proxy) must be submitted in text form (section 13
para 2 Austrian Stock Corporation Act). If a shareholder has granted power
of attorney (proxy) to his/her custodian bank (section 10a Austrian Stock
Corporation Act), it is sufficient if, in addition to the deposit
confirmation, the bank declares that it has been authorised as a proxy
representative in the manner intended for its transmission to the company.
Shareholders have the option to revoke their power of attorney (proxy).
The rules for proxy authorisation apply mutatis mutandis to its
revocation. The revocation only becomes effective upon receipt by the
company.
The company has provided a specific form for granting power of attorney
(proxy) to the special proxies on its website (www.immofinanz.com).
Shareholders are kindly asked to use this form.
G. Data Protection Information
During the preparation and conduct of the shareholders’ meeting, the
company processes personal data of the shareholders and their proxy
holders (in particular those pursuant to section 10a para 2 Austrian Stock
Corporation Act, i.e. name, address, date of birth, number of the
securities account, number of shares of the shareholder and, if
applicable, designation of the class or ISIN/WKN, the proxy card number
and the name and date of birth of any proxy nominated by the shareholder)
on the basis of the applicable data protection provisions, in particular
the European Data Protection Basic Regulation (GDPR) and the Austrian Data
Protection Act (DSG), in order to enable shareholders to exercise their
rights at the shareholders’ meeting. If shareholders and/or their proxy
holders do not provide the data or do not provide it to the required
extent, participation in the shareholders’ meeting is not possible.
Personal data is processed for the purposes of verifying the eligibility
of shareholders and/or their proxy holders to participate and exercising
shareholders‘ rights, as well as for handling the shareholders’ meeting,
including the preparation of the registration and attendance lists and the
minutes of the shareholders’ meeting, and is absolutely necessary for
these purposes. The provisions of the Austrian Stock Corporation Act, in
particular sections 111 – 114, 117 and 120 Austrian Stock Corporation Act,
which represent legal obligations of the company within the meaning of Art
6 para 1 lit c GDPR, provide the legal basis under data protection law for
the processing of the personal data of shareholders and/or their proxy
holders. For processing IMMOFINANZ AG is person responsible according to
Art 4 lit 7 GDPR.
For organisation of the shareholders’ meeting IMMOFINANZ AG makes use of
external service providers (in particular notaries, lawyers, credit
institutions and IT- and back-office service providers). Service providers
and processors of IMMOFINANZ AG receive only such personal data from
IMMOFINANZ AG as are necessary for the execution of the commissioned
service and process these data exclusively according to instructions of
IMMOFINANZ AG. To the extent required by law, IMMOFINANZ AG has entered
into a data protection agreement with the service providers.
If a shareholder through authorisation of one of the special proxies
participates in the virtual shareholders’ meeting, all represented
shareholders or their representatives, the members of the Executive Board
and Supervisory Board, the notary and all other persons with a legal right
to participate may inspect the legally prescribed list of participants
(section 117 Austrian Stock Corporation Act) and thereby also inspect the
personal data specified therein (including name, place of residence,
shareholding). Please note that shareholders can only inspect the list of
participants in the virtual shareholders’ meeting through the authorized
special proxy. In compliance with the statutory obligation, IMMOFINANZ AG
also transmits personal data of shareholders and their proxy holders to
public authorities: The shareholder’s personal data, which must be
included in the list of participants pursuant to section 117 Austrian
Stock Corporation Act, will be transmitted to the competent commercial
register court pursuant to section 120 para 4 Austrian Stock Corporation
Act. The list of participants shall be attached to the minutes of the
shareholders’ meeting, which shall be recorded in the commercial register
in the publicly accessible collection of documents. Data may also be
transmitted to the Vienna Stock Exchange, Warsaw Stock Exchange, the
Austrian Financial Market Authority, the Takeover Commission or the
Austrian Kontrollbank on a case-by-case basis. In addition, personal data
will not be passed on to third parties.
The personal data of shareholders and/or their proxy holders will be
stored until the end of the seven-year statutory retention period. In
addition, the personal data may be stored for a maximum of another three
years if they are of significance for pending court or official
proceedings, in which IMMOFINANZ AG is party (section 212 Austrian
Commercial Code). Afterwards the data of the participants will be deleted.
Under the applicable legal requirements, every shareholder and/or proxy
holder has a right at any time to information, correction, deletion or
restriction of the processing of his personal data, the right to object to
the processing and the right to data transfer.
Shareholders and/or proxy holders may use these rights against IMMOFINANZ
AG gratuitously via retrievable webformular on
[9] https://immofinanz.com/de/dsgvo or via the following contact details:
IMMOFINANZ AG
Attn: Data Protection Coordinator
Wienerbergstraße 9
1100 Vienna
Austria
In addition shareholders have a right of appeal to the data protection
authority ([10]www.dsb.gv.at) according to Art 77 GDPR.
H. Total number of shares and voting rights (section 106 item 9 Austrian
Stock Corporation Act)
As at the date of the notice convening the shareholders’ meeting the
company has issued 138,669,711 non-par value bearer shares whereby each
share grants one vote. IMMOFINANZ AG holds 695,585 treasury shares. Voting
rights granted by these shares cannot be exercised according to Art 65
para 5 Austrian Stock Corporation Act. Hence 137,974,126 voting rights can
be exercised. If the number of granted voting rights changes until the day
of the shareholders meeting the company will provide respective
information according to Art 120 para 2 lit 1 Austrian Stock Exchange Act.
Vienna, 05 April 2023
The Executive Board of IMMOFINANZ AG
International Securities Identification Number (ISIN)
AT0000A21KS2
══════════════════════════════════════════════════════════════════════════
05.04.2023 CET/CEST
══════════════════════════════════════════════════════════════════════════
Language: English
Company: IMMOFINANZ AG
Wienerbergstraße 9
1100 Vienna
Austria
Phone: +43 (0) 1 88090 – 2290
Fax: +43 (0) 1 88090 – 8290
E-mail: investor@immofinanz.com
Internet: http://www.immofinanz.com
ISIN: AT0000A21KS2
WKN: A2JN9W
Listed: Regulated Unofficial Market in Berlin, Frankfurt, Munich,
Stuttgart; Warschau, Vienna Stock Exchange (Official Market)
End of News EQS News Service
1601633 05.04.2023 CET/CEST
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