IMMOFINANZ AG: Invitation to the 28th Ordinary Shareholders' Meeting
- 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 19 October 2021 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 https://immofinanz.com/de/dsgvo or via the following contact details:
IMMOFINANZ AG Attn: Data Protection Coordinator Wienerbergstra?e 9 1100 Vienna Austria
In addition shareholders have a right of appeal to the data protection authority (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 123,293,795 non-par value bearer shares whereby each share grants one vote. IMMOFINANZ AG holds 6,998,228 treasury shares. Voting rights granted by these shares cannot be exercised according to Art 65 para 5 Austrian Stock Corporation Act. Hence 116,295,567 voting rights can be exercised. If the number of treasury shares and 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, 21 September 2021
The Executive Board of IMMOFINANZ AG
International Securities Identification Number (ISIN)
21.09.2021 The DGAP Distribution Services include Regulatory Announcements, Financial/Corporate News and Press Releases. Archive at www.dgap.deLanguage: English Company: IMMOFINANZ AG Wienerbergstra?e 9 1100 Vienna
Austria Phone: +43 (0) 1 88090 - 2290 Fax: +43 (0) 1 88090 - 8290 E-mail: firstname.lastname@example.org 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 DGAP News Service