Shareholders are entitled to request the inclusion of agenda items pursuant to s. 109 Austrian Companies Law, to submit resolution proposals pursuant to s. 110 Austrian Companies Law and to receive information at the Annual General Meeting pursuant to s. 118 Austrian Companies Law.
A written request made by shareholders who, whether individually or jointly, have held shares representing 5% of the share capital for at least three months that items be placed on the agenda of the Annual General Meeting and made public must be taken into account if it reaches the Company together with proof of qualification as a shareholder by post addressed to :be AG, c/o Link Market Services GmbH, Siebensterngasse 32-34, 1070 Vienna, Austria or by email with an eligible electronic signature at anmeldung(at)anmeldestelle.at no later than the 21st day before the Annual General Meeting, namely 30 May 2022. A proposed resolution and explanatory statement must be submitted for each item agenda.
A request made by shareholders who, whether individually or jointly, hold shares representing 1% of the share capital that proposed resolutions together with the names of the relevant shareholders, the accompanying explanatory statement and any opinion issued by the Executive Board or the Supervisory Board be made available on the Company’s website must be taken into account if it reaches the Company together with proof of qualification as a shareholder by fax on +43 (0) 1 3750 215-99 or by email at anmeldung(at)anmeldestelle.at no later than the seventh working day prior to the Annual General Meeting, namely 9 June 2022. Further information on these rights, in particular how motions can be sent to the Company and how the necessary proof of qualification as a shareholder can be provided, can be retrieved from the Company’s website at www.be-ag.eu/hauptversammlung.
In addition, any shareholder may, at the meeting itself, propose a motion on any agenda item (with the exception of proposals for candidates for election to the Supervisory Board) that does not require prior notice. The shareholder must first provide the proof of entitlement to participate at the meeting required in this invitation.
Information about the affairs of the Company must on request be given to any shareholder at the Annual General Meeting insofar as it is required for the proper assessment of an agenda item. This right to information extends to the Company’s legal and business relations with affiliated companies and to the position of the group and of businesses included in the Group’s consolidated financial statements. The information provided must comply with the principles of conscientious and faithful accounting. The information may be refused if, according to reasonable business judgment, it is likely to materially adversely affect the business or an affiliated business, or if provision of the information would be liable to criminal prosecution. To ensure the efficient running of the Annual General Meeting, questions requiring significant preparation time to answer may be sent in writing in good time before the Annual General Meeting by post to the Company at :be AG c/o Link Market Services GmbH, Siebensterngasse 32-34, 1070 Vienna, Austria.
