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Part 3 · Legal relationships of the company and of the shareholders › Section 67a

Transmission of information regarding corporate events; definitions

(1) Listed companies are to transmit information regarding corporate events as defined in subsection (6), where such information is not communicated to the stockholders directly or by other parties, as follows for forwarding to the stockholders:

1.  to the parties entered in the share register, insofar as the company has issued registered shares of stock,

2.  in all other cases to the intermediaries serving as depositories of the shares of stock in the company.

Section 125 applies to information serving the invitation convening the general meeting.

(2) The information may be transmitted by third parties instructed accordingly. The information is to be transmitted by electronic means to the intermediaries. In terms of its format, content and limitation in time, the transmission of information in accordance with subsection (1) is governed by Commission Implementing Regulation (EU) 2018/1212 of 3 September 2018 laying down minimum requirements implementing the provisions of Directive 2007/36/EC of the European Parliament and of the Council as regards shareholder identification, the transmission of information and the facilitation of the exercise of shareholders rights (OJ L 223 of 4 September 2018, p. 1), as amended. The transmission of information may be limited in keeping with the requirements set out in Article 8 (4) read in conjunction with table 8 of Commission Implementing Regulation (EU) 2018/1212.

(3) An intermediary in the chain is to forward to the next intermediary information as defined in subsection (1) sentence 1, which it has received from some other intermediary or from the company, within the time limits stipulated by Article 9 (2) sub-paragraph 2 or 3 and (7) of Commission Implementing Regulation (EU) 2018/1212, unless the intermediary is aware that the next intermediary is receiving such information from another source. This also applies to information of a listed company whose seat is in some other Member State of the European Union. Subsection (2) sentence 1 applies accordingly.

(4) An intermediary is a person providing services as a depository or as a manager of securities, or by maintaining securities accounts for stockholders or other persons if the services are connected to shares of stock in companies having their seat in a Member State of the European Union or in another state party to the Agreement creating the European Economic Area.

(5) An intermediary in the chain is an intermediary serving as depository for shares of stock in the company for some other intermediary. The last intermediary is that intermediary serving a stockholder as depository for shares of stock in a company.

(6) Corporate events are the events defined in Article 1 no. 3 of Commission Implementing Regulation (EU) 2018/1212.

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