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09.06.2020, 32031 Zeichen

General meeting information transmitted by euro adhoc with the aim of a Europe-wide distribution. The issuer is responsible for the content of this announcement.
09.06.2020
C O N V O C A T I O N of the 26th Ordinary General Meeting of AT & S Austria Technologie & Systemtechnik Aktiengesellschaft to be held on July 9, 2020 (Thursday) 10.00 a.m. at the premises of AT & S Austria Technologie & Systemtechnik Aktiengesellschaft Fabriksgasse 13, 8700 Leoben-Hinterberg
The upcoming General Meeting of AT & S Austria Technologie & Systemtechnik Aktiengesellschaft on July 9, 2020, will be held as a virtual General Meeting without physical presence of the participants in accordance with Section 1 (1) COVID-19 Corporate Act and the regulation of the Austrian Minister of Justice concerning further details regarding the holding of meetings under corporate law without the physical presence of the participants and of passing of resolutions in a different manner (COVID-19 Corporate Regulation in accordance with Section 1 (2) COVID-19 Corporate Act).
This means that the shareholders themselves cannot be physically present at the upcoming General Meeting of AT & S Austria Technologie & Systemtechnik Aktiengesellschaft on July 9, 2020. We expressly point out that it is not possible for shareholders to come to the venue of the General Meeting in person.
Due to the current COVID-19 situation AT & S Austria Technologie & Systemtechnik Aktiengesellschaft reserves the right to cancel the Ordinary General Meeting for good cause and to hold it at a later time.
Agenda
1. Report of the Management Board; Submission of the individual adopted annual financial statements including directors' report, (consolidated) corporate governance report and (consolidated) non-financial report as well as the consolidated financial statements including directors' report for the business year from April 1, 2019 until March 31, 2020 (2019/20) and the report of the Supervisory Board for the business year from April 1, 2019 until March 31, 2020 (2019/20) as well as of the proposal for the appropriation of the profits. 2. Resolutions regarding the appropriation of the balance sheet profits shown in the financial statements for the business year 2019/20 and on the authorization of the Management Board to partially re-allocate the balance sheet profits to free reserves. 3. Resolution on the granting of discharge to the members of the Management Board for the business year 2019/20. 4. Resolution on the granting of discharge to the members of the Supervisory Board for the business year 2019/20. 5. Resolution regarding the determination of the remuneration of the members of the Supervisory Board for the business year 2019/20. 6. Report of the Management Board regarding the purchase and use of treasury shares pursuant to Section 65 (3) Stock Corporation Act. 7. Election of the auditor and group auditor for the business year 2020/21. 8. Elections to the Supervisory Board. 9. Resolution on the remuneration policy for the members of the Management Board of AT & S Austria Technologie & Systemtechnik Aktiengesellschaft. 10. Resolution on the remuneration policy for the members of the Supervisory Board of AT & S Austria Technologie & Systemtechnik Aktiengesellschaft. 11. Resolution on the updated and revised version of the Articles of Association.
Documents for the General Meeting For preparation for the General Meeting, the following documents will be available to our shareholders on the Company's website registered in the commercial register at www.ats.net (Category Investors > Annual General Meeting) as of June 18, 2020 at the latest:
Individual annual financial statements with directors' report,\n(Consolidated) corporate governance report,\n(Consolidated) non-financial report,\nConsolidated financial statements with directors' report,\nReport of the Supervisory Board pursuant to Section 96 Stock Corporation Act,\nReport of the Management Board pursuant to Section 65 (3) Stock Corporation Act, each for the business year 2019/20,\nthe joint proposals for resolutions of the Management and Supervisory Boards concerning agenda items 2, 3, 4, 5 and 11 including the proposal for the appropriation of the profits,\nthe proposals for resolutions of the Supervisory Board concerning agenda items 7, 8, 9 and 10 and the declarations pursuant to Section 87 (2) Stock Corporation Act of the persons nominated for the Supervisory Board elections regarding professional qualifications, professional or similar occupations, and concerns with regard to potential conflicts of interest,\nthe remuneration policy for the members of the Management Board of AT & S Austria Technologie & Systemtechnik Aktiengesellschaft,\nthe remuneration policy for the members of the Supervisory Board of AT & S Austria Technologie & Systemtechnik Aktiengesellschaft,\nArticles of Association with the proposed amendments.\nThe specified documents, the complete text of this convocation, forms for granting and revoking a power of attorney as well as a question form and all further publications of the Company in connection with this General Meeting will be freely available on the Company's website at www.ats.net (Category Investors > Annual General Meeting) as of June 18, 2020 at the latest, and shall be provided in electronic form pursuant to Section 119 (9) Stock Exchange Act, to the extent required by law.
Virtual General Meeting For the purpose of holding a virtual General Meeting, the Company's shareholders will have the opportunity to participate in the General Meeting from any location via an audio-visual link in real time. All shareholders who wish to do so will therefore be able to follow the course of the General Meeting and in particular also follow the presentation by the Management Board and the answers to shareholders' questions.
The entire General Meeting will be transmitted on the Internet for this purpose. All shareholders of the Company can follow the General Meeting on the Internet at www.ats.net on July 9, 2020 from approx. 10:00 a.m. From a technical point of view, in order to participate in / follow the virtual General Meeting, the participants require, in particular, an Internet-enabled device capable of displaying the General Meeting visually and acoustically in real time (e.g., a PC including a monitor and speakers, a notebook, a tablet or a smartphone), Internet access as well as a sufficiently powerful Internet connection. Prior registration or login is not required for following the General Meeting on the Internet. Further details on the conduct of the virtual General Meeting may be found below (in particular under "Conduct of the virtual General Meeting").
By holding the General Meeting as a virtual meeting in the form described above, both the interests of the Company and the interests of the participants (in particular their health protection) are - in the Management Board's assessment - served in the best possible way.
Please note that this live transmission as a virtual General Meeting does not allow for remote participation (Section 102 (3) (2) Stock Corporation Act) or remote voting (Section 102 (3) (3) Stock Corporation Act and Section 126 Stock Corporation Act), and the Internet transmission is not a two-way connection. Likewise, please note that the Company is only responsible for the use of technical means of communication insofar as these are attributable to its own sphere.
Participation of shareholders in the General Meeting Entitlement to participate in the General Meeting and to exercise voting rights and all other shareholders' rights at the virtual General Meeting in accordance with the COVID-19 Corporate Regulation is conditional on the holding of shares on the record date, i.e. June 29, 2020, 24.00 hours - midnight - CET/CEST (Local Time Vienna).
Only shareholders who provide evidence of their shareholdings on the record date are entitled to participate in the virtual General Meeting in accordance with the COVID-19 Corporate Regulation.
Deposit bearer shares Evidence of shareholdings on the relevant date must be furnished by way of a confirmation issued by the bank where the shareholder has deposited his/her shares (deposit confirmation) if the bank is domiciled in a member state of the EEA or OECD. Shareholders who have deposited their shares with a bank which does not meet these criteria are requested to contact the Company.
The deposit confirmation must be issued in German or English in accordance with the relevant statutory provisions (Section 10a Stock Corporation Act) and contain the following information:
1. Details of the issuing bank: Name (company) and address; 2. Shareholder details: Name (company) and address, date of birth in the case of natural persons, corporate register and register number in the case of legal persons; 3. Deposit number or other relevant description; 4. Details of the shares: Number of shares and their designation or ISIN; 5. Express declaration that the confirmation relates to the deposit holding as of June 29, 2020, 24.00 hours - midnight - CET/CEST (Local Time Vienna), (record date).
Deposit confirmations must be received by July 6, 2020, 24.00 hours - midnight - CET/CEST (Local Time Vienna), by the Company in any of the following ways:
via mail, courier or in person to: AT & S Austria Technologie & Systemtechnik Aktiengesellschaft, FAO Mrs. Gerda Königstorfer, Fabriksgasse 13, 8700 Leoben-Hinterberg, Austria;\nin text form as an un-editable document (for example as PDF) in electronic form to email: anmeldung.ats@hauptversammlung.at;\nby fax to +43-1-8900 500 87;\nvia SWIFT: GIBAATWGGMS - Message Type MT598; please ensure that ISIN AT0000969985 is indicated in the wording.\nA deposit confirmation used to evidence the current shareholder status must not be older than seven days upon presentation to the Company.
Banks are requested to send deposit confirmations where possible collectively (in list format). The shareholders are not blocked by registering their participation in the General Meeting or by sending deposit confirmations; therefore shareholders may freely dispose of their shares after registration or transmission of a deposit confirmation.
Representation of shareholders at the General Meeting Requirement of the appointment of a special proxy holder - special provision for the present General Meeting
Each shareholder entitled to participate in the virtual General Meeting and who has provided evidence of this fact to the Company in accordance with the provisions of this convocation, has the right to appoint a special proxy holder.
In accordance with Section 3 (4) of the COVID-19 Corporate Regulation motions may be submitted, votes cast, and objections raised at this virtual General Meeting exclusively by one of the following special proxy holders:
Dr. Michael Knap, IVA Interessenverband für Anleger\nDr. Arno Weigand, Notary Public\nDr. Paul Fussenegger, Attorney at Law\nDr. Christoph Nauer, Attorney at Law\nEach shareholder can freely choose one of the abovementioned persons as special proxy holder and grant this person power of attorney.
For the granting of power of attorney to those special proxy holders, a special form will be available on the Company's website at www.ats.net (Category Investors > Annual General Meeting) as of June 18, 2020 at the latest. In addition, a form for the revocation of the power of attorney will be available at this place as from the date mentioned. Please read the forms carefully. In order to ensure seamless processing we recommend always using the forms provided.
It is recommended that the special proxy holder chosen by the shareholder be contacted in good time if specific instructions are to be given to the special proxy holder authorized by the shareholder to submit motions, to cast votes and/ or to raise an objection in the virtual General Meeting with regard to one or more items on the agenda. Please find below contact information if you wish to contact one of the special proxy holders directly:
Dr. Michael Knap, c/o IVA Interessenverband für Anleger, Feldmühlgasse 22/4, 1130 Vienna, knap.ats@hauptversammlung.at\nDr. Arno Weigand, Notary Public, Untere Donaustraße 13-15/7. OG, 1020 Vienna, weigand.ats@hauptversammlung.at\nDr. Paul Fussenegger, Attorney at Law, Rotenturmstraße 12/6, 1010 Vienna, fussenegger.ats@hauptversammlung.at\nDr. Christoph Nauer, Attorney at Law, bpv Hügel Rechtsanwälte GmbH, Enzersdorferstraße 4, 2340 Mödling, nauer.ats@hauptversammlung.at\nAT & S Austria Technologie & Systemtechnik Aktiengesellschaft bears the costs for the abovementioned special proxy holders. All other costs have to be borne by the shareholder, especially their own banking fees for the deposit confirmation or the postal charges.
A shareholder may grant power of attorney to the bank where he/she has deposited his/her shares subject to the agreement of that bank. In such case, in addition to the deposit confirmation, it is sufficient for the bank to provide the Company with a declaration by one of the permitted means (see under "Deposit bearer shares") that it has been granted a power of attorney; the power of attorney itself needs not to be sent to the Company in such case.
Please note: If a shareholder wishes to cast a vote, submit motions for resolutions or object to one or more items on the agenda at the General Meeting, the respective shareholder or the respective representative appointed by the shareholder is, in accordance with the abovementioned special provision, required to appoint one of the abovementioned special proxy holders and issue corresponding instructions to that special proxy holder. In the event that a power of attorney is granted to another person, please note that to exercise the right to vote, the right to submit motions and the right to raise objections at the General Meeting a valid chain of authorization (substitute power of attorney) to one of the four special proxy holders must be ensured.
Submission of the Power of Attorney to the Company Declarations concerning the granting and revoking of power of attorneys may be sent to the Company in text form, if possible until July 7, 2020, 12.00 hours - noon - CET/CEST (Local Time Vienna) (receipt), solely by one of the following means (in this context, we again expressly point out the requirement to appoint a special proxy holder for casting votes, submitting motions and/or raising an objection):
* as an un-editable document (for example as PDF) in electronic form to email:
for Dr. Michael Knap: knap.ats@hauptversammlung.at for Dr. Arno Weigand: weigand.ats@hauptversammlung.at for Dr. Paul Fussenegger: fussenegger.ats@hauptversammlung.at for Dr. Christoph Nauer: nauer.ats@hauptversammlung.at please submit powers of attorney pursuant to Section 113 (1) Stock Corporation Act, which are granted to persons other than the abovementioned special proxy holders, in the form described, to anmeldung.ats@hauptversammlung.at;
* via mail, courier or in person to:
c/o HV-Veranstaltungsservice GmbH (as authorized recipient of AT & S Austria Technologie & Systemtechnik Aktiengesellschaft) Köppel Nr. 60, 8242 St. Lorenzen am Wechsel, Austria; subject "HV AT & S Austria Technologie & Systemtechnik Aktiengesellschaft 2020";
by fax to +43-1-8900 500 87;\nvia SWIFT: GIBAATWGGMS - Message Type MT598; please ensure that ISIN AT0000969985 is indicated in the wording.\nThe power of attorney sent to one of the four special proxy holders cannot be accessed by the other special proxy holders.
Due to the need to uphold the special measures necessitated by COVID-19, personal delivery of the power of attorney at the place of assembly is expressly excluded.
A power of attorney may be revoked by the shareholder. The aforementioned provisions on granting power of attorney apply analogously to the revocation of a power of attorney. The revocation becomes effective upon receipt by the Company.
Shareholders' rights in connection with the General Meeting Shareholders whose holdings represent a combined total of at least 5% of the capital stock since at least three months may require in writing the inclusion and announcement of additional General Meeting agenda items by June 18, 2020 (date of receipt). A proposal for resolution and justification thereof must be submitted for each such agenda item.
Shareholders whose holdings represent a combined total of at least 1% of the capital stock may submit proposals for resolutions in text form for each agenda item, to be accompanied by a justification, by June 30, 2020, and require the proposed resolutions to be posted on the Company's website with the names of the relevant shareholders, the justification and a statement of the Management Board or the Supervisory Board (if any). For the elections to the Supervisory Board (agenda item 8) the following must be observed: In case of a proposal for the election of a member of the Supervisory Board, the statement pursuant to Section 87 (2) Stock Corporation Act of a nominated person replaces the justification. Regarding the election of members of the Supervisory Board, the General Meeting shall take into consideration the criteria of Section 87 (2a) Stock Corporation Act; in particular the professional and personal qualifications of the members of the Supervisory Board, a balanced composition of expertise of the Supervisory Board, aspects of diversity and internationality as well as the professional reliability.
Regarding proposals for the election of Supervisory Board members it is further declared that the Company falls within the scope and is subject to Section 86 (7) Stock Corporation Act.
In accordance with Section 86 (9) Stock Corporation Act, an objection against the joint fulfillment of the minimum quota set out in Section 86 (7) Stock Corporation Act was raised by the majority of the capital representatives more than six weeks prior to the Annual General Meeting. Therefore, the minimum quota of 30% women and 30% men in the Supervisory Board has to be fulfilled by the capital and employee representatives in the Supervisory Board separately.
At present, the Supervisory Board is composed of twelve members, eight capital representatives (three women and five men) and four employee representatives (four men). In case of an unchanged number of Supervisory Board members, due to the separate fulfilment of the gender quota in the Supervisory Board of the Company, at least two seats of the capital representatives are required to be filled with women and at least two seats of the capital representatives are required to be filled with men in order to fulfill the minimum quota on the side of the capital representatives set out in Section 86 (7) Stock Corporation Act. In case the number of capital representatives in the Supervisory Board is increased to nine members (being the maximum number of capital representatives in the Supervisory Board pursuant to the Articles or Association of the Company), due to the separate fulfilment of the gender quota in the Supervisory Board of the Company, at least three seats of the capital representatives are required to be filled with women and at least three seats of the capital representatives are required to be filled with men in order to fulfill the minimum quota on the side of the capital representatives set out in Section 86 (7) Stock Corporation Act.
Further information regarding these rights, in particular how to submit motions to the Company and evidence shareholdings is now available on the internet at www.ats.net (Category Investors > Annual General Meeting).
Pursuant to Section 119 Stock Corporation Act every shareholder has the right to propose motions at the General Meeting with regard to each agenda item which do not require prior announcement. Prerequisite therefor is the evidence of the entitlement to attend the General Meeting. For a shareholder to propose the election of a member to the Supervisory Board, the submission of a draft resolution in accordance with Section 110 Stock Corporation Act, to be accompanied by a statement pursuant to Section 87 (2) Stock Corporation Act (see above) is mandatory. A shareholder's proposal for resolution submitted in accordance with Section 110 Stock Corporation Act will only be deemed a motion if repeated in the General Meeting. It is expressly pointed out that the right of shareholders to submit motions at the General Meeting may - in accordance with Section 3 (4) COVID-19 Corporate Regulation - only be exercised by one of the special proxy holders listed above in the form specified below (see under "Conduct of the virtual General Meeting").
According to Section 118 Stock Corporation Act every 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 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 must comply with the principles of diligent and truthful accountability. Information may be denied if and to the extent that (i) according to reasonable business judgment, it could cause significant harm to the Company or a Group company, or (ii) the provision of information would be unlawful, or (iii) it has been published on the Company's website, as registered in the Commercial Register, in the form of question and answer through at least seven days prior to the beginning of the General Meeting.
We kindly ask the shareholders to submit all questions in text form by email to the email address fragen.ats@hauptversammlung.at in good time prior to the General Meeting so that they arrive at the Company no later than on the second day before the General Meeting, i.e. Tuesday, July 7, 2020, 12.00 hours - noon - CET/CEST (Local Time Vienna). For this purpose - at least for the first question - please use the question form (in order to establish the identity and conformity with the deposit confirmation), which will be available on the Company's website at www.ats.net (Category Investors > Annual General Meeting) as of June 18, 2020. For any further questions from the same shareholder, a simple email from the same email address from which the question form was sent will be sufficient.
In this way, you enable the Management Board to prepare as accurately as possible for the questions you submitted.
We would like to expressly point out that the right to information pursuant to Section 118 Stock Corporation Act may - in accordance with Section 3 (1) COVID- 19 Corporate Regulation - also be exercised by the shareholders themselves during the General Meeting in the form specified below (see under "Conduct of the virtual General Meeting").
Conduct of the virtual General Meeting As the General Meeting will be transmitted on the Internet at www.ats.net on July 9, 2020 from approx. 10:00 a.m., all shareholders who wish to do so will be able to follow the course of the General Meeting - including the presentation by the Management Board and the answers to shareholders' questions - in real time via this audio-visual connection.
Shareholders who are entitled to participate in the General Meeting will have the opportunity to electronically submit their questions in text form even during the General Meeting within a certain time frame to the special proxy holders or the Company, i.e. to Dr. Michael Knap: knap.ats@hauptversammlung.at or Dr. Arno Weigand: weigand.ats@hauptversammlung.at or Dr. Paul Fussenegger: fussenegger.ats@hauptversammlung.at or Dr. Christoph Nauer: nauer.ats@hauptversammlung.at or the Company: fragen.ats@hauptversammlung.at.
For this purpose - at least for the first question - please use the question form (in order to establish the identity and conformity with the deposit confirmation), which will be available on the Company's website at www.ats.net (Category Investors > Annual General Meeting) as of June 18, 2020. For any further questions from the same shareholder, a simple email from the same email address from which the question form was sent will be sufficient.
The questions submitted by the shareholders prior to or during the General Meeting within the time frame will be read out at the General Meeting by the chairman of the General Meeting or a person designated by the chairman.
The shareholders have the opportunity to react to developments at the General Meeting themselves, for example by asking a question or supplementary questions as well as by submitting alternative motions.
The shareholders will further have the opportunity to submit and / or amend their instructions, in particular with regard to the submission of motions, the casting of votes or changes to their instructions regarding the casting of votes on one or more items on the agenda, but also the raising of objections to one or more items on the agenda to the respective special proxy holder, even during the General Meeting. For this purpose, please send a simple email to the email address of your special proxy holder: Dr. Michael Knap: knap.ats@hauptversammlung.at or Dr. Arno Weigand: weigand.ats@hauptversammlung.at or Dr. Paul Fussenegger: fussenegger.ats@hauptversammlung.at or Dr. Christoph Nauer: nauer.ats@hauptversammlung.at.
In this simple email, the person making the declaration (name/company name, date of birth/commercial register number of the shareholder as well as, to the extent possible, deposit number, number of share for which power of attorney has been granted and telephone number in case of any questions) must be stated and the conclusion of the declaration must be made recognizable by reproducing the signature of the name or otherwise (Section 13 (2) Stock Corporation Act) in order to enable the special proxy holder to determine the identity and conformity with the power of attorney.
The chairman of the General Meeting will structure the course of the General Meeting in terms of time, as is the case with a conventional General Meeting, and will, in particular, give notice of a specific appropriate time by which questions may be asked and instructions to the special proxy holders concerning the submission of motions and casting of votes can be made.
Please note that, in all probability, only electronic communication with your special proxy holder will be possible during the General Meeting and that, in particular, the availability of the special proxy holder by telephone cannot be ensured.
Attention is drawn to the fact that it may be necessary to interrupt the virtual General Meeting for a short time in order to process shareholders' instructions to the special proxy holders received during the General Meeting.
The Management Board endeavours to ensure the highest possible quality of decision-making for shareholders in the context of the abovementioned communication channels and opportunities for participation.
Total number of shares and voting rights According to Section 120 (2) (1) Stock Exchange Act we announce, that the Company has issued 38,850,000 no-par value bearer shares and every no-par value share confers one vote. At the time of convocation of the General Meeting, the Company holds no treasury shares. The total number of voting rights at the date of the convening of the Annual General Meeting therefore amounts to 38,850,000.
Information for shareholders on the processing of personal data AT & S Austria Technologie & Systemtechnik Aktiengesellschaft processes shareholders' and their representatives' personal data, including but not limited to the data as stated in Section 10a (2) Stock Corporation Act (name, address, date of birth, the number of the securities deposit account, number of shares held by the shareholder, class of shares (if applicable), number of the voting card, and name and date of birth of the proxy representative (if applicable)), in accordance with the applicable data protection laws, in particular the European Union's General Data Protection Regulation (GDPR) and the Austrian Data Protection Act, to enable the shareholders to exercise their rights during the course of the General Meeting.
The processing of personal data is mandatory for the organisation of the General Meeting and for the attendance of shareholders and their representatives at the General Meeting in accordance with the Stock Corporation Act. Legal basis for the processing is the necessity for compliance with legal obligations (Article 6 (1) c) GDPR) and for the purpose of legitimate interest of AT & S Austria Technologie & Systemtechnik Aktiengesellschaft in the organisation of the General Meeting (Article 6 (1) f) GDPR).
AT & S Austria Technologie & Systemtechnik Aktiengesellschaft is the data controller responsible for the processing of the personal data. For the purpose of organising the General Meeting, AT & S Austria Technologie & Systemtechnik Aktiengesellschaft makes use of external service providers, such as notaries, attorneys, banks and IT service providers. These service providers receive from AT & S Austria Technologie & Systemtechnik Aktiengesellschaft only those personal data that are necessary to provide the requested services and they process the data solely in accordance with the instructions of AT & S Austria Technologie & Systemtechnik Aktiengesellschaft.
If a shareholder or his or her representative participates in the General Meeting, all attending representatives of the shareholders, the members of the Management and Supervisory Boards, the notary, and all persons with a legal right to attend can look into the legally mandated attendance list (Section 117 Stock Corporation Act) and so see the personal data stated therein (e.g. name, place of residence, interests held). Moreover, AT & S Austria Technologie & Systemtechnik Aktiengesellschaft is legally required to annex personal shareholder and representative data (including but not limited to the attendance list) to the notarial record and submit such data to the public company register (Section 120 Stock Corporation Act).
The data of the shareholders are anonymised and erased as soon as they are no longer needed for the purpose for which they were collected and processed, and as long as no other legal obligations require their further storage. Documentation and retention obligations arise from corporate, stock corporation and takeover law, from legislation on taxes and duties, and from money laundering regulations. In the event that legal claims are asserted by shareholders against AT & S Austria Technologie & Systemtechnik Aktiengesellschaft or by AT & S Austria Technologie & Systemtechnik Aktiengesellschaft against shareholders, the storage of personal data serves the purpose of clarifying and asserting such claims in individual cases. In the context of legal proceedings involving civil lawsuits, this may result in the storage of data during the period of limitation plus the duration of the legal proceedings until the latter's legally valid conclusion.
Shareholders are at all times entitled to exercise any of the rights of access, rectification, restriction, objection and erasure with regard to the processing of their personal data as well as to exercise their right to data portability in accordance with chapter III GDPR. Shareholders may assert these rights against AT & S Austria Technologie & Systemtechnik Aktiengesellschaft free of charge by sending an email to datenschutz@ats.net or by postal mail to the following address:
AT & S Austria Technologie & Systemtechnik Aktiengesellschaft Fabriksgasse 13, 8700 Leoben-Hinterberg, Austria
Furthermore, shareholders have the right to lodge a complaint with the supervisory authorities for data protection according to Article 77 GDPR.
Leoben-Hinterberg, June 9, 2020 The Management Board
end of announcement euro adhoc
issuer: AT & S Austria Technologie & Systemtechnik Aktiengesellschaft Fabriksgasse 13 A-8700 Leoben phone: 03842 200-0 FAX: mail: ir@ats.net WWW: www.ats.net ISIN: AT0000969985 indexes: VÖNIX, WBI, ATX, ATX GP stockmarkets: Wien language: English
Digital press kit: http://www.ots.at/pressemappe/18136/aom

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    EANS-General Meeting: AT & S Austria Technologie & Systemtechnik Aktiengesellschaft / Invitation to the General Meeting according to art. 107 para. 3 Companies Act


    09.06.2020, 32031 Zeichen

    General meeting information transmitted by euro adhoc with the aim of a Europe-wide distribution. The issuer is responsible for the content of this announcement.
    09.06.2020
    C O N V O C A T I O N of the 26th Ordinary General Meeting of AT & S Austria Technologie & Systemtechnik Aktiengesellschaft to be held on July 9, 2020 (Thursday) 10.00 a.m. at the premises of AT & S Austria Technologie & Systemtechnik Aktiengesellschaft Fabriksgasse 13, 8700 Leoben-Hinterberg
    The upcoming General Meeting of AT & S Austria Technologie & Systemtechnik Aktiengesellschaft on July 9, 2020, will be held as a virtual General Meeting without physical presence of the participants in accordance with Section 1 (1) COVID-19 Corporate Act and the regulation of the Austrian Minister of Justice concerning further details regarding the holding of meetings under corporate law without the physical presence of the participants and of passing of resolutions in a different manner (COVID-19 Corporate Regulation in accordance with Section 1 (2) COVID-19 Corporate Act).
    This means that the shareholders themselves cannot be physically present at the upcoming General Meeting of AT & S Austria Technologie & Systemtechnik Aktiengesellschaft on July 9, 2020. We expressly point out that it is not possible for shareholders to come to the venue of the General Meeting in person.
    Due to the current COVID-19 situation AT & S Austria Technologie & Systemtechnik Aktiengesellschaft reserves the right to cancel the Ordinary General Meeting for good cause and to hold it at a later time.
    Agenda
    1. Report of the Management Board; Submission of the individual adopted annual financial statements including directors' report, (consolidated) corporate governance report and (consolidated) non-financial report as well as the consolidated financial statements including directors' report for the business year from April 1, 2019 until March 31, 2020 (2019/20) and the report of the Supervisory Board for the business year from April 1, 2019 until March 31, 2020 (2019/20) as well as of the proposal for the appropriation of the profits. 2. Resolutions regarding the appropriation of the balance sheet profits shown in the financial statements for the business year 2019/20 and on the authorization of the Management Board to partially re-allocate the balance sheet profits to free reserves. 3. Resolution on the granting of discharge to the members of the Management Board for the business year 2019/20. 4. Resolution on the granting of discharge to the members of the Supervisory Board for the business year 2019/20. 5. Resolution regarding the determination of the remuneration of the members of the Supervisory Board for the business year 2019/20. 6. Report of the Management Board regarding the purchase and use of treasury shares pursuant to Section 65 (3) Stock Corporation Act. 7. Election of the auditor and group auditor for the business year 2020/21. 8. Elections to the Supervisory Board. 9. Resolution on the remuneration policy for the members of the Management Board of AT & S Austria Technologie & Systemtechnik Aktiengesellschaft. 10. Resolution on the remuneration policy for the members of the Supervisory Board of AT & S Austria Technologie & Systemtechnik Aktiengesellschaft. 11. Resolution on the updated and revised version of the Articles of Association.
    Documents for the General Meeting For preparation for the General Meeting, the following documents will be available to our shareholders on the Company's website registered in the commercial register at www.ats.net (Category Investors > Annual General Meeting) as of June 18, 2020 at the latest:
    Individual annual financial statements with directors' report,\n(Consolidated) corporate governance report,\n(Consolidated) non-financial report,\nConsolidated financial statements with directors' report,\nReport of the Supervisory Board pursuant to Section 96 Stock Corporation Act,\nReport of the Management Board pursuant to Section 65 (3) Stock Corporation Act, each for the business year 2019/20,\nthe joint proposals for resolutions of the Management and Supervisory Boards concerning agenda items 2, 3, 4, 5 and 11 including the proposal for the appropriation of the profits,\nthe proposals for resolutions of the Supervisory Board concerning agenda items 7, 8, 9 and 10 and the declarations pursuant to Section 87 (2) Stock Corporation Act of the persons nominated for the Supervisory Board elections regarding professional qualifications, professional or similar occupations, and concerns with regard to potential conflicts of interest,\nthe remuneration policy for the members of the Management Board of AT & S Austria Technologie & Systemtechnik Aktiengesellschaft,\nthe remuneration policy for the members of the Supervisory Board of AT & S Austria Technologie & Systemtechnik Aktiengesellschaft,\nArticles of Association with the proposed amendments.\nThe specified documents, the complete text of this convocation, forms for granting and revoking a power of attorney as well as a question form and all further publications of the Company in connection with this General Meeting will be freely available on the Company's website at www.ats.net (Category Investors > Annual General Meeting) as of June 18, 2020 at the latest, and shall be provided in electronic form pursuant to Section 119 (9) Stock Exchange Act, to the extent required by law.
    Virtual General Meeting For the purpose of holding a virtual General Meeting, the Company's shareholders will have the opportunity to participate in the General Meeting from any location via an audio-visual link in real time. All shareholders who wish to do so will therefore be able to follow the course of the General Meeting and in particular also follow the presentation by the Management Board and the answers to shareholders' questions.
    The entire General Meeting will be transmitted on the Internet for this purpose. All shareholders of the Company can follow the General Meeting on the Internet at www.ats.net on July 9, 2020 from approx. 10:00 a.m. From a technical point of view, in order to participate in / follow the virtual General Meeting, the participants require, in particular, an Internet-enabled device capable of displaying the General Meeting visually and acoustically in real time (e.g., a PC including a monitor and speakers, a notebook, a tablet or a smartphone), Internet access as well as a sufficiently powerful Internet connection. Prior registration or login is not required for following the General Meeting on the Internet. Further details on the conduct of the virtual General Meeting may be found below (in particular under "Conduct of the virtual General Meeting").
    By holding the General Meeting as a virtual meeting in the form described above, both the interests of the Company and the interests of the participants (in particular their health protection) are - in the Management Board's assessment - served in the best possible way.
    Please note that this live transmission as a virtual General Meeting does not allow for remote participation (Section 102 (3) (2) Stock Corporation Act) or remote voting (Section 102 (3) (3) Stock Corporation Act and Section 126 Stock Corporation Act), and the Internet transmission is not a two-way connection. Likewise, please note that the Company is only responsible for the use of technical means of communication insofar as these are attributable to its own sphere.
    Participation of shareholders in the General Meeting Entitlement to participate in the General Meeting and to exercise voting rights and all other shareholders' rights at the virtual General Meeting in accordance with the COVID-19 Corporate Regulation is conditional on the holding of shares on the record date, i.e. June 29, 2020, 24.00 hours - midnight - CET/CEST (Local Time Vienna).
    Only shareholders who provide evidence of their shareholdings on the record date are entitled to participate in the virtual General Meeting in accordance with the COVID-19 Corporate Regulation.
    Deposit bearer shares Evidence of shareholdings on the relevant date must be furnished by way of a confirmation issued by the bank where the shareholder has deposited his/her shares (deposit confirmation) if the bank is domiciled in a member state of the EEA or OECD. Shareholders who have deposited their shares with a bank which does not meet these criteria are requested to contact the Company.
    The deposit confirmation must be issued in German or English in accordance with the relevant statutory provisions (Section 10a Stock Corporation Act) and contain the following information:
    1. Details of the issuing bank: Name (company) and address; 2. Shareholder details: Name (company) and address, date of birth in the case of natural persons, corporate register and register number in the case of legal persons; 3. Deposit number or other relevant description; 4. Details of the shares: Number of shares and their designation or ISIN; 5. Express declaration that the confirmation relates to the deposit holding as of June 29, 2020, 24.00 hours - midnight - CET/CEST (Local Time Vienna), (record date).
    Deposit confirmations must be received by July 6, 2020, 24.00 hours - midnight - CET/CEST (Local Time Vienna), by the Company in any of the following ways:
    via mail, courier or in person to: AT & S Austria Technologie & Systemtechnik Aktiengesellschaft, FAO Mrs. Gerda Königstorfer, Fabriksgasse 13, 8700 Leoben-Hinterberg, Austria;\nin text form as an un-editable document (for example as PDF) in electronic form to email: anmeldung.ats@hauptversammlung.at;\nby fax to +43-1-8900 500 87;\nvia SWIFT: GIBAATWGGMS - Message Type MT598; please ensure that ISIN AT0000969985 is indicated in the wording.\nA deposit confirmation used to evidence the current shareholder status must not be older than seven days upon presentation to the Company.
    Banks are requested to send deposit confirmations where possible collectively (in list format). The shareholders are not blocked by registering their participation in the General Meeting or by sending deposit confirmations; therefore shareholders may freely dispose of their shares after registration or transmission of a deposit confirmation.
    Representation of shareholders at the General Meeting Requirement of the appointment of a special proxy holder - special provision for the present General Meeting
    Each shareholder entitled to participate in the virtual General Meeting and who has provided evidence of this fact to the Company in accordance with the provisions of this convocation, has the right to appoint a special proxy holder.
    In accordance with Section 3 (4) of the COVID-19 Corporate Regulation motions may be submitted, votes cast, and objections raised at this virtual General Meeting exclusively by one of the following special proxy holders:
    Dr. Michael Knap, IVA Interessenverband für Anleger\nDr. Arno Weigand, Notary Public\nDr. Paul Fussenegger, Attorney at Law\nDr. Christoph Nauer, Attorney at Law\nEach shareholder can freely choose one of the abovementioned persons as special proxy holder and grant this person power of attorney.
    For the granting of power of attorney to those special proxy holders, a special form will be available on the Company's website at www.ats.net (Category Investors > Annual General Meeting) as of June 18, 2020 at the latest. In addition, a form for the revocation of the power of attorney will be available at this place as from the date mentioned. Please read the forms carefully. In order to ensure seamless processing we recommend always using the forms provided.
    It is recommended that the special proxy holder chosen by the shareholder be contacted in good time if specific instructions are to be given to the special proxy holder authorized by the shareholder to submit motions, to cast votes and/ or to raise an objection in the virtual General Meeting with regard to one or more items on the agenda. Please find below contact information if you wish to contact one of the special proxy holders directly:
    Dr. Michael Knap, c/o IVA Interessenverband für Anleger, Feldmühlgasse 22/4, 1130 Vienna, knap.ats@hauptversammlung.at\nDr. Arno Weigand, Notary Public, Untere Donaustraße 13-15/7. OG, 1020 Vienna, weigand.ats@hauptversammlung.at\nDr. Paul Fussenegger, Attorney at Law, Rotenturmstraße 12/6, 1010 Vienna, fussenegger.ats@hauptversammlung.at\nDr. Christoph Nauer, Attorney at Law, bpv Hügel Rechtsanwälte GmbH, Enzersdorferstraße 4, 2340 Mödling, nauer.ats@hauptversammlung.at\nAT & S Austria Technologie & Systemtechnik Aktiengesellschaft bears the costs for the abovementioned special proxy holders. All other costs have to be borne by the shareholder, especially their own banking fees for the deposit confirmation or the postal charges.
    A shareholder may grant power of attorney to the bank where he/she has deposited his/her shares subject to the agreement of that bank. In such case, in addition to the deposit confirmation, it is sufficient for the bank to provide the Company with a declaration by one of the permitted means (see under "Deposit bearer shares") that it has been granted a power of attorney; the power of attorney itself needs not to be sent to the Company in such case.
    Please note: If a shareholder wishes to cast a vote, submit motions for resolutions or object to one or more items on the agenda at the General Meeting, the respective shareholder or the respective representative appointed by the shareholder is, in accordance with the abovementioned special provision, required to appoint one of the abovementioned special proxy holders and issue corresponding instructions to that special proxy holder. In the event that a power of attorney is granted to another person, please note that to exercise the right to vote, the right to submit motions and the right to raise objections at the General Meeting a valid chain of authorization (substitute power of attorney) to one of the four special proxy holders must be ensured.
    Submission of the Power of Attorney to the Company Declarations concerning the granting and revoking of power of attorneys may be sent to the Company in text form, if possible until July 7, 2020, 12.00 hours - noon - CET/CEST (Local Time Vienna) (receipt), solely by one of the following means (in this context, we again expressly point out the requirement to appoint a special proxy holder for casting votes, submitting motions and/or raising an objection):
    * as an un-editable document (for example as PDF) in electronic form to email:
    for Dr. Michael Knap: knap.ats@hauptversammlung.at for Dr. Arno Weigand: weigand.ats@hauptversammlung.at for Dr. Paul Fussenegger: fussenegger.ats@hauptversammlung.at for Dr. Christoph Nauer: nauer.ats@hauptversammlung.at please submit powers of attorney pursuant to Section 113 (1) Stock Corporation Act, which are granted to persons other than the abovementioned special proxy holders, in the form described, to anmeldung.ats@hauptversammlung.at;
    * via mail, courier or in person to:
    c/o HV-Veranstaltungsservice GmbH (as authorized recipient of AT & S Austria Technologie & Systemtechnik Aktiengesellschaft) Köppel Nr. 60, 8242 St. Lorenzen am Wechsel, Austria; subject "HV AT & S Austria Technologie & Systemtechnik Aktiengesellschaft 2020";
    by fax to +43-1-8900 500 87;\nvia SWIFT: GIBAATWGGMS - Message Type MT598; please ensure that ISIN AT0000969985 is indicated in the wording.\nThe power of attorney sent to one of the four special proxy holders cannot be accessed by the other special proxy holders.
    Due to the need to uphold the special measures necessitated by COVID-19, personal delivery of the power of attorney at the place of assembly is expressly excluded.
    A power of attorney may be revoked by the shareholder. The aforementioned provisions on granting power of attorney apply analogously to the revocation of a power of attorney. The revocation becomes effective upon receipt by the Company.
    Shareholders' rights in connection with the General Meeting Shareholders whose holdings represent a combined total of at least 5% of the capital stock since at least three months may require in writing the inclusion and announcement of additional General Meeting agenda items by June 18, 2020 (date of receipt). A proposal for resolution and justification thereof must be submitted for each such agenda item.
    Shareholders whose holdings represent a combined total of at least 1% of the capital stock may submit proposals for resolutions in text form for each agenda item, to be accompanied by a justification, by June 30, 2020, and require the proposed resolutions to be posted on the Company's website with the names of the relevant shareholders, the justification and a statement of the Management Board or the Supervisory Board (if any). For the elections to the Supervisory Board (agenda item 8) the following must be observed: In case of a proposal for the election of a member of the Supervisory Board, the statement pursuant to Section 87 (2) Stock Corporation Act of a nominated person replaces the justification. Regarding the election of members of the Supervisory Board, the General Meeting shall take into consideration the criteria of Section 87 (2a) Stock Corporation Act; in particular the professional and personal qualifications of the members of the Supervisory Board, a balanced composition of expertise of the Supervisory Board, aspects of diversity and internationality as well as the professional reliability.
    Regarding proposals for the election of Supervisory Board members it is further declared that the Company falls within the scope and is subject to Section 86 (7) Stock Corporation Act.
    In accordance with Section 86 (9) Stock Corporation Act, an objection against the joint fulfillment of the minimum quota set out in Section 86 (7) Stock Corporation Act was raised by the majority of the capital representatives more than six weeks prior to the Annual General Meeting. Therefore, the minimum quota of 30% women and 30% men in the Supervisory Board has to be fulfilled by the capital and employee representatives in the Supervisory Board separately.
    At present, the Supervisory Board is composed of twelve members, eight capital representatives (three women and five men) and four employee representatives (four men). In case of an unchanged number of Supervisory Board members, due to the separate fulfilment of the gender quota in the Supervisory Board of the Company, at least two seats of the capital representatives are required to be filled with women and at least two seats of the capital representatives are required to be filled with men in order to fulfill the minimum quota on the side of the capital representatives set out in Section 86 (7) Stock Corporation Act. In case the number of capital representatives in the Supervisory Board is increased to nine members (being the maximum number of capital representatives in the Supervisory Board pursuant to the Articles or Association of the Company), due to the separate fulfilment of the gender quota in the Supervisory Board of the Company, at least three seats of the capital representatives are required to be filled with women and at least three seats of the capital representatives are required to be filled with men in order to fulfill the minimum quota on the side of the capital representatives set out in Section 86 (7) Stock Corporation Act.
    Further information regarding these rights, in particular how to submit motions to the Company and evidence shareholdings is now available on the internet at www.ats.net (Category Investors > Annual General Meeting).
    Pursuant to Section 119 Stock Corporation Act every shareholder has the right to propose motions at the General Meeting with regard to each agenda item which do not require prior announcement. Prerequisite therefor is the evidence of the entitlement to attend the General Meeting. For a shareholder to propose the election of a member to the Supervisory Board, the submission of a draft resolution in accordance with Section 110 Stock Corporation Act, to be accompanied by a statement pursuant to Section 87 (2) Stock Corporation Act (see above) is mandatory. A shareholder's proposal for resolution submitted in accordance with Section 110 Stock Corporation Act will only be deemed a motion if repeated in the General Meeting. It is expressly pointed out that the right of shareholders to submit motions at the General Meeting may - in accordance with Section 3 (4) COVID-19 Corporate Regulation - only be exercised by one of the special proxy holders listed above in the form specified below (see under "Conduct of the virtual General Meeting").
    According to Section 118 Stock Corporation Act every 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 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 must comply with the principles of diligent and truthful accountability. Information may be denied if and to the extent that (i) according to reasonable business judgment, it could cause significant harm to the Company or a Group company, or (ii) the provision of information would be unlawful, or (iii) it has been published on the Company's website, as registered in the Commercial Register, in the form of question and answer through at least seven days prior to the beginning of the General Meeting.
    We kindly ask the shareholders to submit all questions in text form by email to the email address fragen.ats@hauptversammlung.at in good time prior to the General Meeting so that they arrive at the Company no later than on the second day before the General Meeting, i.e. Tuesday, July 7, 2020, 12.00 hours - noon - CET/CEST (Local Time Vienna). For this purpose - at least for the first question - please use the question form (in order to establish the identity and conformity with the deposit confirmation), which will be available on the Company's website at www.ats.net (Category Investors > Annual General Meeting) as of June 18, 2020. For any further questions from the same shareholder, a simple email from the same email address from which the question form was sent will be sufficient.
    In this way, you enable the Management Board to prepare as accurately as possible for the questions you submitted.
    We would like to expressly point out that the right to information pursuant to Section 118 Stock Corporation Act may - in accordance with Section 3 (1) COVID- 19 Corporate Regulation - also be exercised by the shareholders themselves during the General Meeting in the form specified below (see under "Conduct of the virtual General Meeting").
    Conduct of the virtual General Meeting As the General Meeting will be transmitted on the Internet at www.ats.net on July 9, 2020 from approx. 10:00 a.m., all shareholders who wish to do so will be able to follow the course of the General Meeting - including the presentation by the Management Board and the answers to shareholders' questions - in real time via this audio-visual connection.
    Shareholders who are entitled to participate in the General Meeting will have the opportunity to electronically submit their questions in text form even during the General Meeting within a certain time frame to the special proxy holders or the Company, i.e. to Dr. Michael Knap: knap.ats@hauptversammlung.at or Dr. Arno Weigand: weigand.ats@hauptversammlung.at or Dr. Paul Fussenegger: fussenegger.ats@hauptversammlung.at or Dr. Christoph Nauer: nauer.ats@hauptversammlung.at or the Company: fragen.ats@hauptversammlung.at.
    For this purpose - at least for the first question - please use the question form (in order to establish the identity and conformity with the deposit confirmation), which will be available on the Company's website at www.ats.net (Category Investors > Annual General Meeting) as of June 18, 2020. For any further questions from the same shareholder, a simple email from the same email address from which the question form was sent will be sufficient.
    The questions submitted by the shareholders prior to or during the General Meeting within the time frame will be read out at the General Meeting by the chairman of the General Meeting or a person designated by the chairman.
    The shareholders have the opportunity to react to developments at the General Meeting themselves, for example by asking a question or supplementary questions as well as by submitting alternative motions.
    The shareholders will further have the opportunity to submit and / or amend their instructions, in particular with regard to the submission of motions, the casting of votes or changes to their instructions regarding the casting of votes on one or more items on the agenda, but also the raising of objections to one or more items on the agenda to the respective special proxy holder, even during the General Meeting. For this purpose, please send a simple email to the email address of your special proxy holder: Dr. Michael Knap: knap.ats@hauptversammlung.at or Dr. Arno Weigand: weigand.ats@hauptversammlung.at or Dr. Paul Fussenegger: fussenegger.ats@hauptversammlung.at or Dr. Christoph Nauer: nauer.ats@hauptversammlung.at.
    In this simple email, the person making the declaration (name/company name, date of birth/commercial register number of the shareholder as well as, to the extent possible, deposit number, number of share for which power of attorney has been granted and telephone number in case of any questions) must be stated and the conclusion of the declaration must be made recognizable by reproducing the signature of the name or otherwise (Section 13 (2) Stock Corporation Act) in order to enable the special proxy holder to determine the identity and conformity with the power of attorney.
    The chairman of the General Meeting will structure the course of the General Meeting in terms of time, as is the case with a conventional General Meeting, and will, in particular, give notice of a specific appropriate time by which questions may be asked and instructions to the special proxy holders concerning the submission of motions and casting of votes can be made.
    Please note that, in all probability, only electronic communication with your special proxy holder will be possible during the General Meeting and that, in particular, the availability of the special proxy holder by telephone cannot be ensured.
    Attention is drawn to the fact that it may be necessary to interrupt the virtual General Meeting for a short time in order to process shareholders' instructions to the special proxy holders received during the General Meeting.
    The Management Board endeavours to ensure the highest possible quality of decision-making for shareholders in the context of the abovementioned communication channels and opportunities for participation.
    Total number of shares and voting rights According to Section 120 (2) (1) Stock Exchange Act we announce, that the Company has issued 38,850,000 no-par value bearer shares and every no-par value share confers one vote. At the time of convocation of the General Meeting, the Company holds no treasury shares. The total number of voting rights at the date of the convening of the Annual General Meeting therefore amounts to 38,850,000.
    Information for shareholders on the processing of personal data AT & S Austria Technologie & Systemtechnik Aktiengesellschaft processes shareholders' and their representatives' personal data, including but not limited to the data as stated in Section 10a (2) Stock Corporation Act (name, address, date of birth, the number of the securities deposit account, number of shares held by the shareholder, class of shares (if applicable), number of the voting card, and name and date of birth of the proxy representative (if applicable)), in accordance with the applicable data protection laws, in particular the European Union's General Data Protection Regulation (GDPR) and the Austrian Data Protection Act, to enable the shareholders to exercise their rights during the course of the General Meeting.
    The processing of personal data is mandatory for the organisation of the General Meeting and for the attendance of shareholders and their representatives at the General Meeting in accordance with the Stock Corporation Act. Legal basis for the processing is the necessity for compliance with legal obligations (Article 6 (1) c) GDPR) and for the purpose of legitimate interest of AT & S Austria Technologie & Systemtechnik Aktiengesellschaft in the organisation of the General Meeting (Article 6 (1) f) GDPR).
    AT & S Austria Technologie & Systemtechnik Aktiengesellschaft is the data controller responsible for the processing of the personal data. For the purpose of organising the General Meeting, AT & S Austria Technologie & Systemtechnik Aktiengesellschaft makes use of external service providers, such as notaries, attorneys, banks and IT service providers. These service providers receive from AT & S Austria Technologie & Systemtechnik Aktiengesellschaft only those personal data that are necessary to provide the requested services and they process the data solely in accordance with the instructions of AT & S Austria Technologie & Systemtechnik Aktiengesellschaft.
    If a shareholder or his or her representative participates in the General Meeting, all attending representatives of the shareholders, the members of the Management and Supervisory Boards, the notary, and all persons with a legal right to attend can look into the legally mandated attendance list (Section 117 Stock Corporation Act) and so see the personal data stated therein (e.g. name, place of residence, interests held). Moreover, AT & S Austria Technologie & Systemtechnik Aktiengesellschaft is legally required to annex personal shareholder and representative data (including but not limited to the attendance list) to the notarial record and submit such data to the public company register (Section 120 Stock Corporation Act).
    The data of the shareholders are anonymised and erased as soon as they are no longer needed for the purpose for which they were collected and processed, and as long as no other legal obligations require their further storage. Documentation and retention obligations arise from corporate, stock corporation and takeover law, from legislation on taxes and duties, and from money laundering regulations. In the event that legal claims are asserted by shareholders against AT & S Austria Technologie & Systemtechnik Aktiengesellschaft or by AT & S Austria Technologie & Systemtechnik Aktiengesellschaft against shareholders, the storage of personal data serves the purpose of clarifying and asserting such claims in individual cases. In the context of legal proceedings involving civil lawsuits, this may result in the storage of data during the period of limitation plus the duration of the legal proceedings until the latter's legally valid conclusion.
    Shareholders are at all times entitled to exercise any of the rights of access, rectification, restriction, objection and erasure with regard to the processing of their personal data as well as to exercise their right to data portability in accordance with chapter III GDPR. Shareholders may assert these rights against AT & S Austria Technologie & Systemtechnik Aktiengesellschaft free of charge by sending an email to datenschutz@ats.net or by postal mail to the following address:
    AT & S Austria Technologie & Systemtechnik Aktiengesellschaft Fabriksgasse 13, 8700 Leoben-Hinterberg, Austria
    Furthermore, shareholders have the right to lodge a complaint with the supervisory authorities for data protection according to Article 77 GDPR.
    Leoben-Hinterberg, June 9, 2020 The Management Board
    end of announcement euro adhoc
    issuer: AT & S Austria Technologie & Systemtechnik Aktiengesellschaft Fabriksgasse 13 A-8700 Leoben phone: 03842 200-0 FAX: mail: ir@ats.net WWW: www.ats.net ISIN: AT0000969985 indexes: VÖNIX, WBI, ATX, ATX GP stockmarkets: Wien language: English
    Digital press kit: http://www.ots.at/pressemappe/18136/aom

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