Initial notification and publication obligations

(1) An undertaking within the meaning of section 9(1), first sentence, in the version of this Act of 26 July 1994 (Federal Law Gazette I, p. 1749), that existed on 1 August 1997 and was not already subject, before that date, to the reporting obligation under section 9(1) in the version of this Act of 26 July 1994 (Federal Law Gazette I, p. 1749), must give notifications under section 9(1) in the version of this Act of 22 October 1997 (Federal Law Gazette I, p. 2518) for the first time on 1 February 1998.
(2) Any person who, on 1 April 2002, having regard to section 22(1) and (2) in the version of this Act of 20 December 2001 (Federal Law Gazette I, p. 3822), holds 5 per cent or more of the voting rights of a listed company, must notify the company and the Bundesanstalt in writing without delay, no later than within seven calendar days, of the amount of their voting-rights interest, stating their address; the notification must state the attributed voting rights separately for each attribution case. An obligation under the first sentence does not exist where a notification under section 21(1) or (1a) in the version of this Act of 24 March 1998 (Federal Law Gazette I, p. 529) has already been given after 1 January 2002 and before 1 April 2002.
(3) The company must publish notifications under subsection (2) within one month of receipt, in accordance with section 25(1), first sentence, in the version of this Act of 24 March 1998 (Federal Law Gazette I, p. 529), and second sentence, in the version of this Act of 22 October 1997 (Federal Law Gazette I, p. 2518), and subsection (2) in the version of this Act of 20 December 2001 (Federal Law Gazette I, p. 3822), and must send the Bundesanstalt evidence of the publication without delay.
(4) Sections 23 and 24, in the version of this Act of 24 March 1998 (Federal Law Gazette I, p. 529), section 25(3), second sentence, and (4), in the version of this Act of 26 July 1994 (Federal Law Gazette I, p. 1749), section 27, in the version of this Act of 24 March 1998 (Federal Law Gazette I, p. 529), and section 28, in the version of this Act of 20 December 2001 (Federal Law Gazette I, p. 3822), and sections 29 and 30, in the version of this Act of 26 July 1994 (Federal Law Gazette I, p. 1749), apply correspondingly to the obligations under subsections (2) and (3).
(5) Any person who, on 20 January 2007, including having regard to section 22 in the version of this Act of 5 January 2007 (Federal Law Gazette I, p. 10), holds a voting-rights interest connected with shares that reaches, exceeds or falls below the threshold of 15, 20 or 30 per cent, must notify the issuer for which the Federal Republic of Germany is the home state of their voting-rights interest no later than 20 March 2007. This does not apply where they have already, before 20 January 2007, sent that issuer a notification with equivalent information; the content of the notification is governed by section 21(1) in the version of this Act of 5 January 2007 (Federal Law Gazette I, p. 10), including in conjunction with a statutory instrument under section 21(2). Any person to whom, on 20 January 2007, a voting-rights interest of 5 per cent or more in an issuer for which the Federal Republic of Germany is the home state is attributed under section 22(1), first sentence, no. 6, in the version of this Act of 5 January 2007 (Federal Law Gazette I, p. 10), must notify the issuer of this no later than 20 March 2007. This does not apply where they have already, before 20 January 2007, sent that issuer a notification with equivalent information and the voting-rights interests could not already be attributed to them under section 22(1), first sentence, no. 6, in the version of this Act of 20 December 2001 (Federal Law Gazette I, p. 3822); the content of the notification is governed by section 21(1) in the version of this Act of 5 January 2007 (Federal Law Gazette I, p. 10), including in conjunction with a statutory instrument under section 21(2). Any person who, on 20 January 2007, holds financial instruments within the meaning of section 25 in the version of this Act of 5 January 2007 (Federal Law Gazette I, p. 10), must notify the issuer for which the Federal Republic of Germany is the home state, no later than 20 March 2007, of the amount their voting-rights interest would be if, instead of the financial instruments, they held the shares that can be acquired on the basis of the legally binding agreement, unless their voting-rights interest would be below 5 per cent. This does not apply where they have already, before 20 January 2007, sent that issuer a notification with equivalent information; the content of the notification is governed by section 25(1) in the version of this Act of 5 January 2007 (Federal Law Gazette I, p. 10), including in conjunction with sections 17 and 18 of the Securities Trading Notification and Insider List Regulation in the version of 5 January 2007 (Federal Law Gazette I, p. 10). Where a domestic issuer receives a notification under the first, third or fifth sentence, it must publish it no later than 20 April 2007 under section 26(1), first sentence, in the version of this Act of 5 January 2007 (Federal Law Gazette I, p. 10), including in conjunction with a statutory instrument under section 26(3). It also transmits the information without delay, though not before its publication, to the company register within the meaning of section 8b of the Commercial Code, for storage. At the same time as the publication under the seventh sentence, it must notify the Bundesanstalt of it under section 26(2) in the version of this Act of 5 January 2007 (Federal Law Gazette I, p. 10), including in conjunction with a statutory instrument under section 26(3), no. 2. Section 23 in the version of this Act of 5 January 2007 (Federal Law Gazette I, p. 10), section 24 in the version of this Act of 24 March 1998 (Federal Law Gazette I, p. 529), section 27 in the version of this Act of 5 January 2007 (Federal Law Gazette I, p. 10), section 28 in the version of this Act of 20 December 2001 (Federal Law Gazette I, p. 3822), section 29 in the version of this Act of 28 October 2004 (Federal Law Gazette I, p. 2630), and section 29a(3) in the version of this Act of 5 January 2007 (Federal Law Gazette I, p. 10), apply correspondingly to the obligations under the first to ninth sentences. Section 29a(1) and (2) in the version of this Act of 5 January 2007 (Federal Law Gazette I, p. 10) applies correspondingly to the obligations under the fourth sentence.
(6) Any person who, including having regard to section 22 in the version of this Act of 12 August 2008 (Federal Law Gazette I, p. 1666), holds a voting-rights interest connected with shares and financial instruments within the meaning of section 25 in the version of this Act of 12 August 2008 (Federal Law Gazette I, p. 1666), need not notify the reaching or exceeding of a threshold applicable under section 25 in the version of this Act of 12 August 2008 (Federal Law Gazette I, p. 1666) that they reach or exceed on 1 March 2009 solely on account of the amendment of section 25 in the version of this Act of 12 August 2008 (Federal Law Gazette I, p. 1666), with effect from 1 March 2009, through aggregation under section 25(1), third sentence, in the version of this Act of 12 August 2008 (Federal Law Gazette I, p. 1666). Such a notification is to be given only once one of the thresholds applicable under section 25 in the version of this Act of 12 August 2008 (Federal Law Gazette I, p. 1666) is again reached, exceeded or fallen below. Notification obligations under section 25 in the version of this Act of 5 January 2007 (Federal Law Gazette I, p. 10) that were not satisfied, or were not satisfied correctly, completely or in the prescribed manner, must be satisfied having regard to section 25(1), third sentence, in the version of this Act of 12 August 2008 (Federal Law Gazette I, p. 1666).
(7) Any person who, including having regard to section 22 in the version of this Act of 12 August 2008 (Federal Law Gazette I, p. 1666), holds a voting-rights interest connected with shares, need not notify the reaching or exceeding of a threshold applicable under section 21 in the version of this Act of 21 December 2007 (Federal Law Gazette I, p. 3089) that they reach or exceed on 19 August 2008 solely through the attribution of voting rights on account of the new version of section 22(2) in the version of this Act of 12 August 2008 (Federal Law Gazette I, p. 1666), with effect from 19 August 2008. Such a notification is to be given only once one of the thresholds applicable under section 21 in the version of this Act of 21 December 2007 (Federal Law Gazette I, p. 3089) is again reached, exceeded or fallen below. The first and second sentences apply correspondingly to the notification obligation under section 25 in the version of this Act of 12 August 2008 (Federal Law Gazette I, p. 1666), with the proviso that the thresholds applicable under section 25 in the version of this Act of 12 August 2008 (Federal Law Gazette I, p. 1666) are decisive.
(8) Any person who, on 1 February 2012, holds financial instruments or other instruments within the meaning of section 25a(1) in the version of this Act of 5 April 2011 (Federal Law Gazette I, p. 538) that, by virtue of their structure, enable their holder to acquire 5 per cent or more of the shares carrying voting rights and already issued of an issuer for which the Federal Republic of Germany is the home state, must notify the issuer and, at the same time, the Bundesanstalt, without delay, though no later than within 30 trading days, of the amount of their voting-rights interest under section 25a(2), in accordance with section 25a(1), including in conjunction with a statutory instrument under section 25a(4), in each case in the version of this Act of 5 April 2011 (Federal Law Gazette I, p. 538). Section 24 in the version of this Act of 24 March 1998 (Federal Law Gazette I, p. 529) applies correspondingly. Aggregation with the holdings under section 21 in the version of this Act of 21 December 2007 (Federal Law Gazette I, p. 3089), section 22 in the version of this Act of 12 August 2008 (Federal Law Gazette I, p. 1666), and section 25 in the version of this Act of 5 April 2011 (Federal Law Gazette I, p. 538), takes place.
(9) The domestic issuer must publish the information under subsection (8) without delay, though no later than three trading days after its receipt, under section 26(1), first sentence, first half-sentence, in the version of this Act of 5 April 2011 (Federal Law Gazette I, p. 538), and must transmit it to the company register within the meaning of section 8b of the Commercial Code without delay, though not before its publication, for storage. At the same time as the publication, the domestic issuer must notify the Bundesanstalt of it.
(10) Any person who, including having regard to section 22 in the version of this Act of 20 November 2015 (Federal Law Gazette I, p. 2029), holds voting rights within the meaning of section 21 in the version of this Act of 20 November 2015 (Federal Law Gazette I, p. 2029) on 26 November 2015, and, solely on account of the amendment of section 21 with effect from 26 November 2015, reaches, exceeds or falls below a threshold applicable under section 21 in the version of this Act of 20 November 2015 (Federal Law Gazette I, p. 2029) in respect of an issuer for which the Federal Republic of Germany is the home state, must notify this by 15 January 2016 in accordance with section 21 in the version of this Act of 20 November 2015 (Federal Law Gazette I, p. 2029). Any person who, on 26 November 2015, holds instruments within the meaning of section 25 in the version of this Act of 20 November 2015 (Federal Law Gazette I, p. 2029) that relate, in accordance with section 25(3) and (4) in the version of this Act of 20 November 2015 (Federal Law Gazette I, p. 2029), to at least 5 per cent of the voting rights of an issuer for which the Federal Republic of Germany is the home state, must notify this by 15 January 2016 in accordance with section 25 in the version of this Act of 20 November 2015 (Federal Law Gazette I, p. 2029). Any person who reaches, exceeds or falls below a threshold applicable under section 25a in the version of this Act of 20 November 2015 (Federal Law Gazette I, p. 2029) solely on account of the amendment of section 25a with effect from 26 November 2015, must notify this by 15 January 2016 in accordance with section 25a in the version of this Act of 20 November 2015 (Federal Law Gazette I, p. 2029). Subsection (9) applies correspondingly.
(11) Any person who reaches, exceeds or falls below a threshold applicable under section 21, 25 or 25a, in each case in the version of this Act of 20 November 2015 (Federal Law Gazette I, p. 2029), in respect of an issuer for which the Federal Republic of Germany is the home state, solely on account of the amendment of section 1(3) with effect from 2 July 2016, must notify this by 23 July 2016 in accordance with sections 21, 25 and 25a, in each case in the version of this Act of 20 November 2015 (Federal Law Gazette I, p. 2029). Subsection (10) applies correspondingly.
(12) It is a regulatory offence for any person who, intentionally or recklessly, 1. fails to make a publication, or fails to make it correctly, completely, in the prescribed manner or in time, contrary to subsection (5), seventh sentence, 2. fails to transmit information, or fails to transmit it in time, contrary to subsection (5), eighth sentence, 3. fails to make a notification, or fails to make it correctly, completely, in the prescribed manner or in time, contrary to subsection (5), first, third, fifth or ninth sentence, subsection (8), first sentence, or subsection (10), first, second or third sentence, 4. fails to make a publication, or fails to make it correctly, completely, in the prescribed manner or in time, contrary to subsection (9), first sentence.
(13) The regulatory offence may, in the cases under subsection (12), be sanctioned with a fine of up to EUR 200,000.