in text form pursuant to Section 110 AktG, to be accompanied by a statement pursuant to Section 87 para 2 AktG (see above), is mandatory. Each shareholder has the right to request information regarding Company matters at the General Meeting, provided that such information is necessary for the proper assessment of an agenda item. The duty to provide information also extends to legal and business relationships between the Company and Group companies, and to the condition of the Group and its consolidated subsidiaries. Such information provided must comply with the principles of diligent and truthful accountability. Information may be denied if, according to reasonable commercial judgment, it could cause significant harm to the Company or a Group company, or if the provision of information would violate criminal laws or insofar as it was continuously accessible in the form of question and answer on the Company's website registered in the corporate register for at least seven days prior to the beginning of the General Meeting. The right to information during the virtual General Meeting under Section 118 AktG can be exercised by the shareholders themselves. Further information regarding the rights of the shareholders, in particular on how to submit motions for resolutions to the Company and how to provide evidence of the required shareholdings can be found in the document "Shareholders' Rights EGM 2021" which is available on the Company's website recorded with the corporate register at www.omv.com/general-meeting. In addition, please find further information in connection with the holding of the General Meeting as a virtual General Meeting, in particular on exercising voting rights, the right to submit motions and to raise objections as well as on the submission of questions in the document "Information on the organizational and technical requirements for participation in EGM 2021", which will be available by 20 August 2021, at the latest, on the Company's website recorded with the corporate register at www.omv.com/general-meeting. Total number of shares and voting rights As of 10 August 2021, the Company's share capital is divided into 327,272,727 no par shares. Each share confers one vote. Shares owned by the Company do not confer any voting rights. Therefore, as of 10 August 2021, 327,011,401 voting rights can be exercised. No physical admission to the General Meeting We ask our shareholders for understanding and point out that in order to protect the participants of our General Meeting, neither shareholders nor guests can physically participate in the General Meeting. This is a necessary requirement to ensure both the required reduction in the number of participants in the General Meeting as well as a regulated and smooth procedure. Information on data protection for shareholders For the protection of our shareholders and other participants in the General Meeting of OMV Aktiengesellschaft (FN 93363 z) Trabrennstraße 6-8, A-1020 Vienna ("OMV AG" or "we"), the Executive Board has decided to hold a virtual General Meeting based on the COVID-19-GesG and the COVID-19-GesV. The shareholders' voting, the right to submit motions and the right to raise objections are exclusively exercised by granting power of attorney and instructions to one of the special proxy holders proposed by the company in accordance with the respective provisions of the COVID-19-GesV. OMV AG processes personal data of shareholders, respectively their representatives (in particular the data pursuant to Section 10a para. 2 AktG, i.e. name, address, date of birth, number of the securities account, 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 proxy as well as the shareholders' e-mail address and their signature/company signature) on the basis of the applicable data protection provisions, in particular the General Data Protection Regulation ("GDPR") and the Data Protection Act 2018 ("DSG"), the applicable provisions of the AktG and the COVID-19-GesG and COVID-19-GesV, to enable shareholders to exercise their rights within the scope of the General Meeting. OMV AG is responsible for the data processing within the meaning of the GDPR. The processing of shareholders' personal data is mandatory for the participation of shareholders and their representatives in the General Meeting pursuant to the AktG. It is carried out for the purpose of conducting a General Meeting in compliance with applicable laws, the casting of votes by shareholders, the enabling of the exercise of other shareholder rights and the fulfilment of compliance obligations such as, in particular, recording, information and reporting obligations under stock corporation law. The legal basis for data processing under data protection law is the necessity to fulfil legal obligations (Art 6 para 1 lit c GDPR) or to safeguard the legitimate interests of OMV AG or a third party, namely in particular the holding of a proper and legally compliant (virtual) General Meeting (Art 6 para 1 lit f GDPR). A video recording and transmission of the entire General Meeting will be made. Such General Meeting will be transmitted, including the general debate and in particular the questions by the shareholders, via the internet by acoustic and optical one-way connection in real time in full (Section 3 para 4 COVID-19-GesV in connection with Section 102 para 4 AktG). OMV AG uses external service providers for the purpose of organising the General Meeting, such as notaries, lawyers and the service provider HV- Veranstaltungsservice GmbH specialising in the organisation of the General Meeting. They will receive from OMV AG only such personal data as is necessary for the performance of their service and process such data exclusively on the instructions of OMV AG. To the extent required by law, OMV AG has entered into data processing agreements with these service providers. If a shareholder participates in the General Meeting, all special proxy holders present at the General Meeting, the physically present members of the Executive and Supervisory Board, the physically present notary as well as all other present persons with a right to physically attend the General Meeting may examine the legally required register of participants (Section 117 AktG) and thus also the participating shareholders' personal data (place of residence, name, shareholding) specified therein. OMV AG is also legally obliged to submit personal shareholder data (in particular the register of participants) as part of the notarial minutes of the General Meeting to the Austrian Commercial Register (Section 120 AktG). In addition, data may be disclosed to the Vienna Stock Exchange, the Financial Market Authority, Oesterreichische Kontrollbank and the Austrian Takeover Commission in accordance with legal obligations in the respective case. Shareholders' data are anonymized or deleted as soon as they are no longer necessary for the purposes for which they were collected or processed and unless other legal obligations require further storage. Obligations to provide evidence and to keep records arise in particular from commercial and stock corporation law (up to 7 years), tax and fiscal law (up to 10 years) and money laundering regulations (in general 5 years). The aforementioned periods may be extended in individual cases, for example if court or administrative proceedings are pending. Where legal claims are made by shareholders against OMV AG or by OMV AG against shareholders, the storage of personal data serves to clarify and enforce claims in individual cases. In connection with legal proceedings before civil courts, this may result in data being stored for the duration of the statute of limitations (up to 30 years according to the Austrian Civil Code) plus the duration of the legal proceedings until their final conclusion. Every shareholder has a right to information, correction, limitation, 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 the provisions of the GDPR. Shareholders can assert these rights against OMV AG via the e-mail address privacy@omv.com or via the following contact details: OMV Aktiengesellschaft Trabrennstraße 6-8 1020 Vienna Group Data Protection Officer: Manfred Spanner, MSc. In addition, shareholders have the right to complain to the competent supervisory authority (in Austria: Austrian Data Protection Authority). Further information on data protection can be found in the data protection declaration at www.omv.com/general-meeting. Vienna, August 2021 The Executive Board Further inquiry note: OMV Aktiengesellschaft Andreas Rinofner, Public Relations Tel.: +43 (1) 40 440-21357; e-mail: public.relations@omv.com Florian Greger, Investor Relations Tel.: +43 (1) 40 440-21600; e-mail: investor.relations@omv.com end of announcement euro adhoc =-------------------------------------------------------------------------------
(END) Dow Jones Newswires
August 10, 2021 03:30 ET (07:30 GMT)