Reservation of reciprocity

(1) The general meeting of a target company whose articles of association exclude the applicability of section 33 may resolve that section 33 applies where the offeror, or an undertaking controlling it, is not subject to a provision corresponding to section 33a(2).
(2) The general meeting of a target company whose articles of association contain a provision under section 33b(1) may resolve that that provision does not apply where the offeror, or an undertaking controlling it, is not subject to a provision corresponding to that provision.
(3) The reservation of reciprocity under subsections (1) and (2) may be laid down in a single resolution. The resolution of the general meeting applies for at most 18 months. The management board of the target company must inform BaFin and the supervisory bodies of the states of the European Economic Area in which voting shares of the company are admitted to trading on an organised market, without delay, of the authorisation. The authorisation must be published without delay on the target company's website. Section 14(3), second sentence applies accordingly.