date of birth/company register number of the shareholder) must be named in the corresponding E-mail. In order to enable the Company to establish the identity and correspondence with the deposit certificate, we request that in this case you please also state your deposit number in the E-mail. Please note that reasonable time limits will be set by the Chairman during the Annual General Meeting. Further information and modalities for exercising the shareholders' right to information pursuant to Section 118 of the Stock Corporations Act (AktG) will be specified in the Participation Information. 5. Motions by shareholders at the General Meeting in accordance with Section 119 of the Stock Corporations Act Any shareholder - irrespective of a specific shareholding - is entitled to submit motions on any item on the agenda at the virtual General Meeting pursuant to COVID-19-GesG und der COVID-19-GesV by its independent proxy. The point in time up to which instructions for submitting motions to the independent proxy are possible shall be determined by the Chairman in the course of the virtual General Meeting. The requirement for this is the proof of entitlement to participate in accordance with item IV. of this invitation and the granting of a corresponding power of attorney to the independent proxy in accordance with item V. of this invitation. A shareholder proposal for the election of a Supervisory Board member requires the timely submission of a resolution proposal in accordance with Section 110 Stock Corporations Act: Persons for election to the Supervisory Board (item 6 of the agenda) may only be proposed by shareholders whose shares together amount to 1% of the share capital. Such nominations must be received by the Company no later than 07 April 2021 in the manner specified above (item VI para. 2). Each nomination must be accompanied by a declaration pursuant to Section 87 para 2 of the Stock Corporations Act of the nominee's professional qualifications, professional or comparable functions, and any circumstances that could give rise to concern about bias. Otherwise, the shareholder proposal for the election of a Supervisory Board member may not be considered in the vote. Further information and modalities for the exercise of the shareholders' right to submit motions in accordance with Section 119 Stock Corporations Act (AktG) are set out in the Participation Information. 6. Information to shareholders regarding data processing 6.1 Which personal data of shareholders is processed and for what purposes? Lenzing Aktiengesellschaft processes personal data of shareholders (in particular those pursuant to Section 10a para 2 Stock Corporations Act, i.e. name, address, date of birth, number of the securities deposit, number of shares of the shareholder, type of share if applicable, number of the voting card and, if applicable, name and date of birth of the independent proxy) on the basis of the applicable data protection regulations, in particular the European General Data Protection Regulation ("GDPR") and the Austrian Data Protection Act ("DSG"), in order to enable shareholders to exercise their rights at the General Meeting. In this connection the shareholders' personal data is processed for the following purposes: * Organization and holding of General Meetings, including verification of the right to attend/power of proxy and determination of the voting ratio * Participation of shareholders in the General Meeting and exercise of shareholder rights * Preparation of registration, power of proxy and attendance lists * Preparation of the minutes of the General Meeting * Fulfillment of compliance obligations, including recording, disclosure and reporting obligations. The processing of the shareholders' personal data is mandatory for the participation of shareholders and their representatives in the General Meeting in accordance with the Stock Corporations Act. The legal basis for the processing therefore is Art 6 sub-section 1 lit c GDPR (compliance with a legal obligation). For the processing Lenzing Aktiengesellschaft is controller as defined in Art 4 pt. 7 GDPR. 6.2 To whom is the shareholders' personal data transferred? Lenzing Aktiengesellschaft uses external service providers, such as notaries, lawyers, banks and IT service providers, for the purpose of organizing the General Meeting. These service providers receive only such personal data from Lenzing Aktiengesellschaft as is necessary for the performance of the commissioned service, and, where they are processors as defined in Art 4 pt. 8 GDPR, process the data solely on instructions of Lenzing Aktiengesellschaft. Where legally required, Lenzing Aktiengesellschaft has concluded a data protection agreement with these service providers. If a shareholder participates in the General Meeting, all present independent proxies pursuant to Section 3 para 4 COVID-19-GesV, the members of the Management Board and Supervisory Board, the notary and any other person with a legal right to attend may view the list of participants stipulated by statute (Section 117 Stock Corporations Act) and thereby also have access to the personal data contained therein (inter alia name, place of residence, shareholding relationship). Lenzing Aktiengesellschaft also has the statutory obligation to submit the shareholders' personal data (in particular the list of participants) to the commercial register at the competent commercial register court (Section 120 Stock Corporations Act) as part of the notarial protocol. In addition, the shareholders' personal data may also be transferred to the competent authorities or bodies if necessary. 6.3 How long is the shareholders' personal data stored? Shareholders' data will be anonymized or deleted as soon as it is no longer necessary for the purposes for which it was collected or processed, and no other legal obligations require further storage. Obligations to provide evidence and to retain records arise in particular from corporate, stock corporation and takeover law, from tax and duties law as well as from anti money laundering regulations. If legal claims are made by shareholders against Lenzing Aktiengesellschaft or vice versa by Lenzing Aktiengesellschaft against shareholders, the storage of personal data serves to clarify and enforce claims in individual cases. In connection with proceedings before civil courts, this can lead to storage of data for the duration of the statute of limitations plus the duration of the court proceedings up to its legally binding conclusion. 6.4 What rights do shareholders have with regard to their personal data? Every shareholder has a right to access, rectification, restriction, objection and deletion at any time with regard to the processing of personal data as well as a right to data portability in accordance with Chapter III GDPR. Shareholders can assert these rights against Lenzing Aktiengesellschaft free of charge by contacting the E-mail address privacy@lenzing.com or by using the following contact details: Lenzing Aktiengesellschaft AT-4860 Lenzing, Werkstraße 2 In addition, shareholders have the right to lodge a complaint with the data protection supervisory authority pursuant to Art77 GDPR. 6.5 Further information Further information on data protection can be found in the data protection declaration on the website of Lenzing Aktiengesellschaft www.lenzing.com under menu items "Investors" and "General Meeting". VII. Further information and references 1. Total number of shares and voting rights at the date of convocation At the date of convocation of the virtual General Meeting, the nominal capital of the Company amounts to EUR 27.574.071,43 and is divided into 26.550.000 no- par value bearer shares. Each no-par value share grants one vote at the virtual General Meeting. The Company does not hold any treasury shares at the time of convening the virtual General Meeting. There are no multiple classes of shares. 2. No physical presence We would like to expressly point out once more that neither shareholders nor guests will be personally admitted to the upcoming General Meeting as a virtual General Meeting in accordance with COVID-19-GesV at the location of the Annual General Meeting. This document is published in German and in a non-binding English convenience translation. Lenzing, March 2021 The Management Board Further inquiry note: Sébastien Knus Vice President Capital Markets a.i. Lenzing AG Phone: +43 664 8281576 E-mail: s.knus@lenzing.com end of announcement euro adhoc =-------------------------------------------------------------------------------
(END) Dow Jones Newswires
March 16, 2021 05:30 ET (09:30 GMT)