(1) The general meeting may adopt rules of procedure, with a majority comprising, at a minimum, three quarters of the capital stock represented at the time such resolution is adopted, setting out the rules governing the preparations for the general meeting and the conduct of said meeting. At the general meeting, a list is to be prepared of the stockholders present in person or being represented by a proxy and of the stockholders’ proxies, specifying their name and place of residence as well as, in the case of par-value shares, the amount and, in the case of multiple-vote shares, the number of voting rights allocated to each share; in the case of no-par-value shares, the number of shares represented by each proxy, while specifying their class of stock. In the case of the virtual general meeting, the stockholders participating in the meeting by electronic means or being represented thereat by a proxy by electronic means and the stockholders’ proxies participating in the meeting by electronic means are to be included in the list defined in sentence 2.
(2) Where powers of attorney to exercise the voting right have been granted to an intermediary or to a person designated in section 135 (8) and where the representative so authorised exercises the voting right on behalf of the party entitled to it, then in the case of par-value shares the amount and, in the case of no-par-value shares, the number and class of stock for which the authorised party has been granted powers of attorney is to be specified separately for inclusion in the list. The names of the stockholders granting the powers of attorney need not be stated.
(3) Anyone who has been granted authority by a stockholder to exercise, in their own name, the voting right for shares not belonging to them is to separately specify the amount, in the case of par-value shares and, in the case of no-par-value shares, the number and class of stock of such shares for inclusion in the list. This applies also to registered shares of stock, regarding which the authorised representative is entered as stockholder in the share register.
(4) Prior to the first vote, the list is to be made accessible to all attendees, in the case of the virtual general meeting to all stockholders and stockholders’ proxies who are participating in the meeting by electronic means. Upon a corresponding demand being made, each stockholder is to be granted the right to inspect the list of attendees/participants for up to two years after the general meeting.
(5) The party casting the vote may demand, within one month of the day of the general meeting, that the company confirm whether the vote cast was counted and how it was counted. The company is to issue the confirmation in accordance with the requirements made in Article 7 (2) and Article 9 (5) sub-paragraph (2) of Commission Implementing Regulation (EU) 2018/1212. Insofar as the confirmation is issued to an intermediary, the intermediary is to transmit such confirmation to the stockholder without undue delay. Section 67a (2) sentence 1 and (3) applies accordingly.