(1) Each resolution adopted by the general meeting is to be recorded in minutes of the meeting prepared by a notary. The same applies to any demand made by a minority pursuant to section 120 (1) sentence 2 and pursuant to section 137. In the case of unlisted companies, it suffices to have the minutes signed by the chairperson of the supervisory board insofar as no resolutions are adopted for which the law stipulates a majority of three quarters of the votes cast, or a greater majority ratio.
(1a) The notary is to observe the course of the general meeting while being present at the place at which the general meeting is being held.
(2) The minutes are to state the place and the date of the meeting, the name of the notary, as well as the manner of voting and the result of the vote, and the chairperson’s establishment of the respective resolution adopted. In the case of listed companies, the establishment of the resolution adopted also comprises, for each such resolution,
1. the number of shares of stock for which valid votes were cast, whereby multiple-vote shares are to be stated separately, citing the number of votes allocated to them,
2. the portion of the registered capital stock that is constituted by the capital stock represented by the valid votes,
3. the number of the votes cast in favour of a resolution, the number of the votes opposing it and, if applicable, the number of abstentions.
In derogation from sentence 2, the person chairing the meeting may limit the establishment of the resolution having been adopted in each case to the statement that the necessary majority was obtained, unless a stockholder demands a comprehensive establishment pursuant to sentence 2.
(3) The proof as to the general meeting having been convened is to be attached to the minutes as an annex unless it has been included in the minutes with a summary of its content.
(4) The minutes are to be signed by the notary. It is not necessary to involve witnesses.
(5) Without undue delay following the general meeting, the management board is to file with the Commercial Register a publicly certified copy of the minutes or, in the case governed by subsection (1) sentence 3, a copy of the minutes signed by the chairperson of the supervisory board, in each case with a copy of its annexes.
(6) Listed companies must publish on their website, within seven days of the general meeting, the results of the voting as established, including the information pursuant to subsection (2) sentence 2.