(1) Subject to the provisions made in sentence 2, the company will bear the costs incurred by the intermediaries for their efforts and expenditures that are necessary according to sections 67a to 67d, also read in conjunction with section 125 (1), (2) and (5), and according to section 118 (1) sentences 3 to 5 as well as subsection (2) sentence 2 thereof and section 118a (1) sentence 4, insofar as such efforts and expenditures are based on methods reflecting advancements in technology. This does not apply to the following costs:
1. the costs of the necessary efforts and expenditures by the last intermediary for the transmission of information to the stockholder by non-electronic means pursuant to section 67b (1) sentence 1 and
2. the costs incurred by the company that has issued registered shares of stock for the necessary efforts and expenditures by the intermediaries for the transmission and forwarding, by the intermediary entered in the share register, of information to the stockholder as stipulated by section 125 (2) and (5) read in conjunction with sections 67a and 67b.
The intermediaries are to disclose the fees charged for the efforts and expenditures entailed by each service provided in accordance with sections 67a to 67e, section 118 (1) sentence 3 to 5 as well as subsection (2) sentence 2, section 118a (1) sentence 4, section 125 (1) sentence 1, (2) and (5) and section 129 (5). The disclosure is to be made separately to the company and to those of the stockholders to whom the intermediaries are providing the service. Differences between the fees charged for the exercise of rights in Germany and in cross-border cases are permissible only if they are justified and correspond to the differences in the costs factually arising for the provision of the services.
(2) Notwithstanding any provisions made otherwise in the present Act, the duties stipulated in sections 67a to 67e, 125 (1) sentence 1, (2) and (5) as well as the confirmations provided for by section 118 (1) sentence 3 to 5 as well as subsection (2) sentence 2 thereof, section 118a (1) sentence 4 and section 129 (5) are to observe the requirements made in Commission Implementing Regulation (EU) 2018/1212.
(3) The Federal Ministry of Justice and Consumer Protection has the authority, upon having coordinated the matter with the Federal Ministry for Economic Affairs and Energy and the Federal Ministry of Finance, to prescribe by statutory instrument the details of the reimbursement of the intermediaries by the company for the expenditures they incur for the following actions
1. transferring the particulars pursuant to section 67 (4),
2. the transmission and forwarding of information and notifications in accordance with sections 67a to 67d, 118 (1) sentence 3 to 5 as well as subsection (2) sentence 2 thereof, section 118a (1) sentence 4 and section 129 (5) and
3. the reproduction, transmission and forwarding of notifications pursuant to section 125 (1), (2) and (5) read in conjunction with sections 67a and 67b.
Blanket allowances may be established. The statutory instrument does not require the consent of the Bundesrat.