(1) Unless stipulated otherwise by the law, the stockholders exercise their rights in matters pertaining to the company at the general meeting. The by-laws may provide, or may grant authority to the management board to provide, that the stockholders may participate in the general meeting also without being present at the place at which it is being held and without an authorised representative, and that they may exercise the entirety or some of their rights, as a whole or in part, by way of electronic communication. Where the voting right is exercised by electronic means, the company is to confirm by electronic means the receipt of the vote cast electronically to the party casting the vote in accordance with the requirements stipulated under Article 7 (1) and Article 9 (5) sub-paragraph (1) of Commission Implementing Regulation (EU) 2018/1212. Insofar as the confirmation is issued to an intermediary, the intermediary is to transmit the confirmation to the stockholder without undue delay. Section 67a (2) sentence 1 and subsection (3) applies accordingly.
(2) The by-laws may provide, or may grant authority to the management board to provide, that stockholders may cast their votes also without participating in the meeting, in writing or by way of electronic communication (absentee ballot). Subsection (1) sentence 3 to 5 applies accordingly.
(3) The members of the management board and of the supervisory board as a rule are to attend the general meeting. However, the by-laws may provide for certain cases in which the members of the supervisory board may participate by means of video and audio transmission.
(4) The by-laws or the rules of procedure pursuant to section 129 (1) may provide, or may grant authority to the management board or the person chairing the meeting to provide, that the general meeting may be broadcast by means of video and audio transmission.