SMA Solar Technology : Information on Agenda Item 1

SMA Solar Technology AG

VIRTUAL ANNUAL GENERAL MEETING 2024

Explanation for agenda item 1 pursuant to section 124a (2) AktG of the German Stock Corporation Act

Pursuant to Sections 172 and 173 of the German Stock Corporation Act, no resolution is required for agenda item 1 since the Supervisory Board has approved the Annual Financial Statement prepared by the Managing Board and the Consolidated Financial Statements, and the Annual Financial Statement is thus adopted. In this case, the law does not provide for the adoption of the annual financial statements or the approval of the consolidated financial statements by the Annual General Meeting. The first sentence of section 175 (1) of the German Stock Corporation Act only requires the Managing Board to convene the Annual General Meeting for the purpose of accepting (i.a.) the adopted Annual Financial Statement and the Management Report and for the purpose of resolving on the appropriation of any distributable profit (which is submitted for resolution under agenda item 2), and in the case of a parent company, also for the purpose of accepting the Consolidated Financial Statements as approved by the Supervisory Board and the Consolidated Management Report. This is not an exception pursuant to section 173 (1) of the German Stock Corporation Act, whereby the adoption of the Annual Financial Statement is assigned to the Annual General Meeting if so resolved by the Managing Board and the Supervisory Board. Such a resolution was not directly passed by the Managing Board and the Supervisory Board; rather, they each approved the Annual Financial Statement.

THIS TRANSLATION IS FOR INFORMATION PURPOSES ONLY. THE ORIGINAL GERMAN TEXT IS LEGALLY BINDING.

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