Publication of notifications, and transmission by electronic remote data transmission

(1) The issuer of admitted shares, for whom the Federal Republic of Germany is the home state, must publish without delay in the Federal Gazette 1. the convening of the general meeting including the agenda, the total number of shares and voting rights, stating separately the multiple-voting-right shares and the voting rights attributable to them at the time the general meeting is convened, and the rights of shareholders as regards participation in the general meeting, and 2. notifications concerning the distribution and payment of dividends, the announcement of the issue of new shares, and the agreement or exercise of conversion, subscription, redemption and subscription rights, and the passing of resolutions on those rights. Insofar as a corresponding publication in the Federal Gazette is also required under other provisions, a single publication suffices.
(2) The issuer of admitted debt instruments within the meaning of section 48(1), number 6, for whom the Federal Republic of Germany is the home state, must publish without delay in the Federal Gazette 1. the place, time and agenda of the creditors' meeting and notifications concerning the right of the holders of debt instruments to participate in it, and 2. notifications concerning the exercise of conversion, subscription and termination rights, and concerning interest payments, redemptions, drawings, and instruments previously called or drawn but not yet redeemed. Subsection (1), second sentence applies correspondingly.
(3) Without prejudice to the publication obligations under subsections (1) and (2), issuers for whom the Federal Republic of Germany is the home state may transmit information to the holders of admitted securities by way of electronic remote data transmission, where the costs thereby arising are not imposed on the holders of securities in breach of the principle of equal treatment under section 48(1), number 1, and 1. in the case of admitted shares a) the general meeting has consented, b) the choice of the type of electronic remote data transmission does not depend on the seat or place of residence of the shareholders or of the persons to whom voting rights are attributed in the cases of section 34, c) arrangements have been made for the secure identification and addressing of the shareholders or of those entitled to exercise voting rights or to give instructions as to their exercise, and d) the shareholders, or, in the cases of section 34(1), first sentence, numbers 1, 3 and 4, and (2), those entitled to exercise voting rights, have expressly consented to transmission by way of electronic remote data transmission, or have not objected, within a reasonable period, to a request in text form for consent, and have not subsequently revoked the consent thereby deemed to have been given, 2. in the case of admitted debt instruments within the meaning of section 48(1), number 6, a) a creditors' meeting has consented, b) the choice of the type of electronic remote data transmission does not depend on the seat or place of residence of the holders of debt instruments or their authorised representatives, c) arrangements have been made for the secure identification and addressing of the holders of debt instruments, d) the holders of debt instruments have expressly consented to transmission by way of electronic remote data transmission, or have not objected, within a reasonable period, to a request in text form for consent, and have not subsequently revoked the consent thereby deemed to have been given. Where electronic remote data transmission is not possible under these conditions, transmission is made in writing, regardless of any other provisions in the issuer's articles of association.