not be more than seven days old at the time it is submitted to the Company. In
the case of several deposit certificates for shares which together comprise a
shareholding of 5% or more in the Company, these deposit certificates must refer
to the same point in time (day, time). In respect to any other requirements
related to the safe custody receipt, reference is made to the detailed
information on the right to participate (point IV).
2. Draft resolutions on agenda items submitted by shareholders pursuant to
Section 110 AktG
Shareholders whose aggregate shareholding equals 1% or more of the Company's
share capital may propose draft resolutions in writing in respect to each item
on the agenda for this Annual General Meeting, accompanied by a statement
explaining the reasons for such a proposal, and may request that these proposals
along with the name of the respective shareholder, the reasons for such a
proposal, and, if applicable, comments made by the Management Board or
Supervisory Board are made available on the Company's Website as entered into
the Commercial Register. Shareholder requests of this kind will only be
considered if they are sent in written form and received by the Company no later
than 6 April 2021 (12:00 midnight, CEST) either per fax at +43 (0) 1 400220906
or to the address Österreichische Post Aktiengesellschaft, Attn: Investor
Relations, Rochusplatz 1, 1030 Vienna, or per e-mail to firstname.lastname@example.org, in
which case the request made in writing is to be attached to the e-mail, for
example as a PDF, pursuant to Section 13 Para. 2 AktG. If text form is
prescribed for statements within the meaning contained in Section 13 Para. 2
AktG, the statement must be made in a document or in another manner suitable for
permanent reproduction in writing, the person making the statement must be named
and the conclusion of the statement must be made recognizable by reproduction of
the signature or otherwise. The proposed resolution, but not the justification
underlying the resolution, must also be written in German in any case.
The deposit certificate in accordance with Article 10a AktG shall suffice as
proof of shareholder status as the basis for exercising this shareholder right.
This deposit certificate must not be more than seven days old at the time it is
submitted to the Company. In the case of several deposit certificates for shares
which together comprise a shareholding of 1% or more in the Company, these
deposit certificates must refer to the same point in time (day, time).
3. The right of shareholders to obtain information pursuant to Section 118 AktG
Every shareholder attending the Annual General Meeting is entitled, upon
request, to be provided with information on matters concerning the Company's
affairs, to the extent that this information is required to enable the
shareholder to properly evaluate the relevant items on the agenda. This
obligation to provide information also covers the Company's legal and business
relations with an associated company as well as the status of the Group and
companies included in the consolidated financial statements.
The Company may refuse to supply such information if, according to sound
business judgment, it could potentially cause material damage to the Company or
to any of its subsidiaries, or if providing such information would comprise a
The prerequisite for exercising the right of shareholders to obtain information
is providing proof of entitlement to participate (Section IV of this Invitation
to the Annual General Meeting) and by granting suitable authorisation to the
special proxy holders (Point VI of this Invitation to the Annual General
It is expressly pointed out that the right of shareholders themselves to obtain
information and the right to speak during this virtual Annual General Meeting
can only be exercised by the shareholders by electronic mail via a direct
transmission of the questions or the statement to be spoken. In this case, the
e-mail may only be sent to the Company exclusively at the e-mail address
Shareholders are requested to convey all questions in writing per e-mail in
advance to the address email@example.com
[firstname.lastname@example.org] and do so in a timely manner so that the
questions are received by the Company no later than the third working day before
the Annual General Meeting, namely 12 April 2021. In turn, this serves the
purpose of ensuring an efficient meeting, especially for questions which require
longer preparation time.
In this way, you will enable the Management Board to make precise preparations
and quickly respond to the questions posed by you.
Please make use of the question submission form, which will be accessible on the
Website of the Company at post.at/ir [http://www.post.at/ir] no later than 25
March 2021. If this question form is not used, the person (name/company, date of
birth/commercial registry number of the shareholder) must be named in the
respective e-mail. In this case, please also provide your securities custody
account number in the e-mail in order to enable the Company to determine the
identify and conformity with the deposit certificate.
Please note that appropriate time limitations may be imposed by the Chairwoman
of the Supervisory Board during the Annual General Meeting. More detailed
information and the modalities of exercising the shareholders' right to obtain
information pursuant to Section 118 AktG are included in the Information on
4. Motions proposed by shareholders at the Annual General Meeting pursuant to
Section 119 AktG
Every shareholder, regardless of the extent of shareholding, is entitled to
bring forward motions in respect to each item on the agenda at the Annual
General Meeting via his or her special proxy.
The point in time until which instructions provided to the special proxy holders
to propose motions will be determined during the course of the virtual Annual
General Meeting by the Chairwoman of the Supervisory Board.
The prerequisite for bringing forward motions is proof of the entitlement to
participate in the Annual General Meeting in line with the information provided
in this invitation to the Annual General Meeting and the granting of a
corresponding proxy authorisation to the special proxies pursuant to point VI of
this Invitation to the Annual General Meeting.
More detailed information and the modalities of exercising the shareholders'
right to propose motions to Section 119 AktG are included in the Information on
5. Information for shareholders on data processing
Österreichische Post Aktiengesellschaft processes the personal data of
shareholders (in particular the information pursuant to Section 10a Para. 2 AktG
i.e. name, address, date of birth, number of the securities custody account,
number of shares held by the shareholder, type of share if applicable, number of
the voting card as well as the name and date of birth of the designated proxy,
if applicable) on the basis of legally valid data privacy regulations,
especially the EU's General Data Protection Regulation (GDPR) as well as the
Austrian Data Protection Act, in order to enable shareholders to exercise their
rights at the Annual General Meeting.
The processing of the personal data of shareholders is absolutely necessary for
the participation of shareholders and their representatives in the Annual
General Meeting pursuant to the Austrian Stock Corporation Act. The legal
foundation for data processing is thus Article 6 (1) c) GDPR.
Österreichische Post Aktiengesellschaft is the responsible body for processing
data. Österreichische Post Aktiengesellschaft uses external service companies
such as notaries public, lawyers, banks and IT service providers for the purpose
of holding the Annual General Meeting. They only receive the personal data from
Österreichische Post Aktiengesellschaft which is required to carry out the
contracted service, and exclusively process the data in accordance with the
instructions provided by Österreichische Post Aktiengesellschaft. If legally
required, Österreichische Post Aktiengesellschaft has concluded a data privacy
agreement with these service companies.
If a shareholder takes part in the Annual General Meeting, all shareholders
attending and their representatives who are present, the Management Board and
Supervisory Board members, the notary public and all other individuals with the
legal right to participate are allowed to take a look at the legally required
list of participants (Section 117 AktG) and thus also see the personal data
included in the list (e.g. name, place of residence, number of shares).
Österreichische Post Aktiengesellschaft is also legally obliged to submit
personal shareholder data (especially the list of participants) to the
Commercial Register as part of the notarial record (Section 120 AktG).
Further information on data privacy is contained in the Data Protection Policy
on the Website of Österreichische Post Aktiengesellschaft at post.at.
VIII. FURTHER DISCLOSURES AND INFORMATION
Total number of shares and voting rights
At the time of the convocation of the virtual Annual General Meeting, the share
capital of the Company amounts to EUR 337,763,190.00 and is divided into a total
of 67,552,638 non-par value shares. Each share is entitled to one vote at the
virtual Annual General Meeting.
Accordingly, at the time of the convocation of the Annual General Meeting, the
number of voting rights amounts to 67,552,638 votes. At the time of the
convocation of the Annual General Meeting the Company does not hold any treasury
shares, either directly or indirectly.
Different classes of shares do not exist.
No physical attendance possible
We would like to once again bring to your attention the fact that neither
shareholders nor guests will be allowed to come to the event venue of the
upcoming Annual General Meeting.
(MORE TO FOLLOW) Dow Jones Newswires
March 17, 2021 04:58 ET (08:58 GMT)