Obligations of issuers towards holders of securities

(1) Issuers for whom the Federal Republic of Germany is the home state must ensure that
1. all holders of the admitted securities are treated equally under equal conditions;
2. all facilities and information that the holders of the admitted securities require for the exercise of their rights are publicly available domestically;
3. data on holders of admitted securities are protected against unauthorised access;
4. for the entire duration of the admission of the securities, at least one financial institution is designated domestically as a paying agent at which all necessary measures relating to the securities can be effected, free of charge in the event of the securities being presented at that agent;
5. in the case of admitted shares, a form for the grant of a proxy for the general meeting is transmitted to every person entitled to vote, together with the invitation to the general meeting or, on request, in text form after it has been convened;
6. in the case of admitted debt instruments within the meaning of section 2(1), no. 3, other than securities that also fall under section 2(1), no. 2, or that confer at least a conditional right to acquire securities under section 2(1), no. 1 or no. 2, a form for the grant of a proxy for the creditors' meeting is transmitted in good time, in text form, to every person entitled to vote, together with the invitation to the creditors' meeting or, on request, after it has been convened.
(2) An issuer of admitted debt instruments within the meaning of subsection (1), number 6, for whom the Federal Republic of Germany is the home state, may hold the creditors' meeting in any Member State of the European Union or in any other state party to the Agreement on the European Economic Area. This requires that all facilities and information necessary for the exercise of rights are available to the holders of debt instruments in that state, and that only holders of the following debt instruments are invited to the creditors' meeting:
1. debt instruments with a minimum denomination of EUR 100,000 or the equivalent amount in another currency as at the date of issue, or
2. debt instruments still outstanding with a minimum denomination of EUR 50,000 or the equivalent amount in another currency as at the date of issue, where the debt instruments were already admitted to trading on a regulated market domestically, or in another Member State of the European Union or another state party to the Agreement on the European Economic Area, before 31 December 2010.
(3) For the provisions under subsection (1), numbers 1 to 5, and under section 49(3), number 1, holders of depositary receipts representing shares are treated as equivalent to holders of the represented shares.