Attribution of voting rights

(1) For the purposes of the notification obligations under section 33(1) and (2), voting rights held by the person subject to notification are treated as equivalent to voting rights arising from shares of the issuer for whom the Federal Republic of Germany is the home state
1. that belong to a subsidiary undertaking of the person subject to notification,
2. that belong to a third party and are held by that party for the account of the person subject to notification,
3. that the person subject to notification has transferred to a third party as security, unless the third party is entitled to exercise the voting rights arising from those shares and declares the intention to exercise the voting rights independently of the instructions of the person subject to notification,
4. over which a usufruct has been created in favour of the person subject to notification,
5. that the person subject to notification can acquire by a declaration of intent,
6. that are entrusted to the person subject to notification, or from which that person can exercise the voting rights as authorised representative, provided that person can exercise the voting rights arising from those shares at its own discretion in the absence of specific instructions from the shareholder,
7. from which the person subject to notification can exercise the voting rights on the basis of an agreement providing for a temporary transfer of the voting rights, against consideration, without the shares to which they attach,
8. that are held in custody for the person subject to notification as security, provided the person subject to notification holds the voting rights and declares the intention to exercise those voting rights. For the purposes of attribution under the first sentence, numbers 2 to 8, subsidiary undertakings of the person subject to notification are treated as equivalent to that person. Voting rights of the subsidiary undertaking are attributed to the person subject to notification in full.
(2) Voting rights of a third party arising from shares of the issuer for whom the Federal Republic of Germany is the home state are also attributed in full to the person subject to notification with whom that person, or its subsidiary undertaking, coordinates its conduct in relation to that issuer on the basis of an agreement or otherwise; agreements in individual cases are excepted. Coordinated conduct presupposes that the person subject to notification, or its subsidiary undertaking, and the third party reach an understanding on the exercise of voting rights, or cooperate otherwise with the aim of a lasting and material change in the issuer's business strategy. Subsection (1) applies correspondingly to the calculation of the third party's voting-rights holding.
(3) Where, in the case of subsection (1), first sentence, number 6, a power of attorney is granted only for the exercise of voting rights at a single general meeting, it suffices, for the fulfilment of the notification obligation under section 33(1) and (2) in conjunction with subsection (1), first sentence, number 6, that the notification is given only on the grant of the power of attorney. The notification must state when the general meeting takes place and what the voting-rights holding attributed to the authorised representative will be once the power of attorney or the discretion to exercise it lapses.