Pursuant to Article 110 of the Austrian Stock Corporation Act, shareholders whose shares in total add up to 1% of the Company's share capital are entitled to submit to the Company, in text form, written proposals for resolutions to any item on the agenda and to require the publication of these proposals on the Company's website, together with the names of the involved shareholders, the required statement of reasons and a statement (optional) by the Executive Board or Supervisory Board. These requests must be taken into account if they are received by the Company on or before the seventh working day prior to the Annual General Meeting, i.e. on or before 03 March 2021. For proposals related to the election of a member to the Supervisory Board, the statement of reasons is to be replaced by a declaration from the nominee pursuant to Article 87 para. 2 of the Austrian Stock Corporation Act.

These requests must be sent to the Company in text form at one of the following addresses: 


 
 
                        Burgenland Holding Aktiengesellschaft 
 Via mail or messenger: Attn. Maximilian Hoyer 
                        EVN Platz, AT-2344 Maria Enzersdorf 
 
 Via telefax:           +43 (0) 1 8900 500 90 
 
 or via e-Mail          anmeldung.buho@hauptversammlung.at 
                        whereby the request must be attached to the e-mail in text form, e.g. in PDF format

For bearer shares, the proof of shareholding must be verified by a depository certificate as defined in Article 10a of the Austrian Stock Corporation Act, which may not be older than seven days when it is submitted to the company. If this 1% threshold is only met by combining the holdings of several shareholders, the depository certificates must be issued on the same date and at the same time. The other requirements for depository confirmation are explained under the section on attendance.

Information pursuant to Article 110 para. 2 sentence 2 in connection with Article 86 paras. 7 and 9 of the Austrian Stock Corporation Act With regard to nominations for the election of a Supervisory Board member, it should be noted that the Company does not fall under the scope of application of Article 86 para. 7 of the Austrian Stock Corporation Act concerning the proportional equality of men and women on the Supervisory Board and is therefore not required to fulfil the minimum quota.

Proposals for motions at der Annual General Meeting pursuant to Article 119 of the Austrian Stock Corporation Act Every shareholder - independent of his or her shareholding - is entitled to propose motions for any point of the agenda at the Virtual Annual General Meeting in accordance with the "COVID-19-GesV" regulation through his or her specially designated voting representative. In order to make a proposal, the shareholder must supply proof of participation and the issuance of a power of attorney to one of the specially designated voting representatives. Voting will only take place on a proposed motion, which has been published on the Company's website in accordance with Article 110 of the Austrian Stock Corporation Act, when it is repeated as a motion at the Annual General Meeting.

A shareholder's proposal for the election of a Supervisory Board member requires the timely submission of a proposed motion pursuant to Article 110 of the Austrian Stock Corporation Act (see above). Every such proposal must be accompanied by a declaration according to Article 87 para. 2 of the Austrian Stock Corporation Act by the recommended person concerning his or her specialised qualifications, professional or comparable functions and any other circumstances which could give rise to concerns over partiality. Otherwise, the shareholder's proposal for the election of a Supervisory Board member must not be presented for voting.

Shareholders' right to receive information pursuant to Article 118 of the Austrian Stock Corporation Act

Pursuant to Article 118 of the Austrian Stock Corporation Act, each shareholder is entitled during the Annual General Meeting to request and receive information concerning the Company's business to the extent this information is necessary for proper understanding of an item on the agenda. The obligation to provide information also covers the Company's legal and business relationships with its affiliates, the position of the Group and the entities included in the consolidated financial statements. It should be noted that the Company does not prepare consolidated financial statements. This information must reflect the principles of true and conscientious accountability. The request for information may be refused in cases where reasonable entrepreneurial evaluation of the subject in question indicates that the disclosure of such information is likely to cause a considerable disadvantage to the Company or to any of its affiliates or that disclosure would lead to prosecution. A request for information may also be refused in cases where the information was available under the "Questions and Answers" section of the Company's website for a minimum of seven days before the start of the Annual General Meeting.

It is expressly noted that the right to receive information pursuant to Article 118 of the Austrian Stock Corporation Act during the Annual General Meeting can be independently exercised by shareholders, exclusively through the submission of their questions via e-mail to fragen.buho@hauptversammlung.at. Further information on shareholders' rights, particularly the rights under Articles 109, 110, 118 and 119 of the Austrian Stock Corporation Act, is also provided on the Company's website under www.buho.at/AGM. Additional information in connection with the conduct of this year's Annual General Meeting as a Virtual Annual General Meeting, above all on the exercise of voting rights, the right to propose motions and raise objections, and to submit questions, is provided under "Information on the organisational and technical requirements for participation in the Virtual Annual General Meeting pursuant to Article 3 para. 3 in connection with Article 2 para. 4 of the "COVID-19- GesV" regulation", which will be available at the latest on 19 February 2021 on the Company's website, as recorded in the company register, under www.buho.at/AGM.

Data protection statement for the shareholders of Burgenland Holding Aktiengesellschaft Burgenland Holding Aktiengesellschaft, Marktstrasse 3, 7000 Eisenstadt, is responsible for the processing of shareholders' personal data. Burgenland Holding Aktiengesellschaft processes shareholders' personal data, in particular the data defined by Article 10a para. 2 of the Austrian Stock Corporation Act, i.e. name, address, date of birth, bank data, securities depository number, number of shares held by the shareholder, if appropriate the class of shares, number of the voting card and, if necessary, the name and date of birth of the power of attorney(s), in accordance with applicable data protection regulations, in particular the European Data Protection Regulation (EU-DPR) and the Austrian Data Protection Act. This personal data is processed to enable shareholders to exercise their rights at the Annual General Meeting. To the extent necessary, the above-mentioned personal data will also be processed in connection with the Virtual Annual General Meeting to enable shareholders to exercise their rights at this Virtual Annual General Meeting. Burgenland Holding Aktiengesellschaft obtains this personal data directly from the shareholders or from the respective depository institution.

The Austrian Stock Corporation Act requires the processing of the personal data of shareholders or their representatives for the participation of shareholders and their representatives in the Annual General Meeting. The conduct of a (Virtual) Annual General Meeting is not possible without the processing of the above-mentioned personal data. The legal basis for this processing is provided by Article 6 para. 1 letter c of the EU-DPR. Burgenland Holding Aktiengesellschaft uses service providers such as notaries, banks and IT firms to organise the Annual General Meeting. These service providers only receive the personal data required for their specific services and process the data according to instructions issued by Burgenland Holding Aktiengesellschaft. Where legally required, Burgenland Holding Aktiengesellschaft has concluded a data protection agreement with the service companies. When a shareholder or his/her representative takes part in the Annual General Meeting, all attending shareholders and their representatives, the members of the Executive Board and Supervisory Board, the notary and all other authorised persons can examine the legally required attendance list (Article 117 of the Austrian Stock Corporation Act) and therefore also see the included personal data (among others, name, place of residence, participating interest). Burgenland Holding Aktiengesellschaft is also legally required to file shareholders' personal data (in particular, the attendance list) with the company register as part of the notary's minutes (Article 120 of the Austrian Stock Corporation Act). Without this data processing Burgenland Holding Aktiengesellschaft would be unable to meet its legal obligations, in particular under Article 120 of the Austrian Stock Corporation Act.

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