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Schleswig-Holstein

Submitting a voting rights notification as an investor

Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6PLus)

Service Description

Your voting rights based on shares in a listed company and/or your financial instruments in relation to such shares change? You may need to notify the company and the German Federal Financial Supervisory Authority (BaFin).

If you as an investor reach, exceed or fall below 3 percent, 5 percent, 10 percent, 15 percent, 20 percent, 25 percent, 30 percent, 50 percent or 75 percent of the voting rights from shares belonging to you in an issuer whose shares are admitted to trading on an organized market, you must probably notify the issuer and the Federal Financial Supervisory Authority (BaFin).

This may also apply to foreign issuers that are admitted to trading on an organized market in Germany.

The same applies, with the exception of the 3 percent threshold, if you hold financial instruments that enable you to acquire shares with voting rights or if you touch a threshold with voting rights and financial instruments together.

You must submit the notification within 4 trading days via BaFin's notification and publication platform portal (MVP Portal) and then send it to the issuer.


Process flow

You can submit the report using the online form or as an upload in XML format via the MVP portal of the Federal Financial Supervisory Authority. Proceed as follows:

Log in and register:

  • Open the BaFin MVP portal.
  • If you already have user data, you can log in directly.
    • If you do not yet have any user data, click on "Self-registration". Indicate whether you are registering as a natural person or as a company. In the next step, enter your personal data and confirm the form.
    • Click on the link that will be sent to you by e-mail and complete the form that opens.
    • Confirm your registration.

Authorization for the electronic transmission of voting rights notifications in the MVP portal:

  • Once you have logged in with your user data, you can apply for authorization to transmit voting rights notifications electronically.
  • To do so, click on "Apply for specialist procedure" and select the "Voting rights notifications" specialist procedure.
  • Select the "Direct notifier" notification case and click on "Apply".
  • The completed application for admission appears.
  • Click on "Submit application".
  • Print out the application for authorization, sign it and send it to BaFin by post or fax.
  • BaFin will check your application for authorization.
  • You will receive the admission to the specialist procedure by e-mail.
  • You can now submit a voting rights notification electronically.

Electronic transmission of voting rights notifications in the MVP Portal as an XML file:

  • Create your voting rights notification in XML format. You can find instructions on how to do this on the BaFin website under "Information sheets and manuals".
  • Open the MVP portal and log in with your user data.
  • Select "Submit notification" in the menu and enter all the required data.
  • Select "Submit XML file", select the XML file and click on "Send file".
  • You will receive a transmission confirmation.
  • You can view the processing status of the notification under "View log".
  • If the notification has been accepted, you will find a ZIP archive with a PDF and an XML file for download in the "Log" section. Both must be forwarded to the issuer. A voting rights notification is only legally effective once it has been transmitted to both the issuer and BaFin.

Electronic transmission of voting rights notifications in the MVP portal via online form:

  • Open the MVP portal and log in with your user data.
  • Select "Submit notification" in the menu and enter all the required data.
  • Select "Submit online form" and complete the form in full.
  • Click on "Submit notification" at the end of the form.
  • You will receive a transfer confirmation.

You can view the processing status of the notification under "View log".

If the notification has been accepted, you will find a ZIP archive with a PDF and an XML file for download in the "Protocol" section. Both must be forwarded to the issuer. A voting rights notification is only legally effective once it has been sent to both the issuer and BaFin

Alternatively, you can first carry out all steps as a test. To do this, select the specialist procedure "Test_Voting rights notifications" in the MVP portal and carry out all of the above steps.

Voting rights notifications to the issuer can be sent electronically to the e-mail address given in the legal notice on the issuer's homepage. The transmission must also include the notification as an XML file, which you will receive from BaFin in the MVP upon successful transmission to BaFin.

Requirements

As an investor, you reach, exceed or fall below 3 percent, 5 percent, 10 percent, 15 percent, 20 percent, 25 percent, 30 percent, 50 percent or 75 percent of the voting rights from shares belonging to you in an issuer whose shares are admitted to trading on at least one organized market through acquisition, sale or in any other way

The same applies, with the exception of the 3 percent threshold, if you hold financial instruments that enable you to acquire shares with voting rights, or if you touch a threshold with voting rights and financial instruments together.

This may also apply to foreign issuers that are admitted to trading on an organized market in Germany.

Which documents are required?

Self-registration on the MVP portal:
You do not need to submit any documents.

Admission to the specialist procedure:
Signed application form. Application form is generated automatically when applying electronically.

Submission of the voting rights notification:
In individual cases Organizational chart for group structures

BaFin reserves the right to request further documents if necessary.

What are the fees?

There are no costs.

What deadlines do I have to pay attention to?

You must submit the voting rights notification within 4 trading days at the latest.

Processing duration

Within a few minutes, you will receive confirmation in the MVP portal ("View log") that the notification has been successfully transmitted and, together with this, 2 files of the notification (ZIP file) for transmission to the issuer. Further feedback from BaFin will only be provided on a case-by-case basis in the event of queries regarding the submitted notification.

Legal basis
Appeal

Contradiction

Applications / forms

Forms available: No

Written form required: No

Informal application possible: No

Personal appearance necessary: No

What else should I know?

If the notification is not submitted, not submitted correctly, not submitted completely, not submitted in the prescribed manner or not submitted on time, a fine may be imposed.

Author
Forwarding service: Deep link to the original portal

Federal Financial Supervisory Authority (BaFin)

The text was automatically translated based on the German content.

Technically approved by

Federal Ministry of Finance (BMF)

Professionally released on

12.05.2022

Teaser

Your voting rights based on shares in a listed company and/or your financial instruments in relation to such shares change? You may need to notify the company and the German Federal Financial Supervisory Authority (BaFin).

Process flow

You can submit the report using the online form or as an upload in XML format via the MVP portal of the Federal Financial Supervisory Authority. Proceed as follows:

Log in and register:

  • Open the BaFin MVP portal.
  • If you already have user data, you can log in directly.
    • If you do not yet have any user data, click on "Self-registration". Indicate whether you are registering as a natural person or as a company. In the next step, enter your personal data and confirm the form.
    • Click on the link that will be sent to you by e-mail and complete the form that opens.
    • Confirm your registration.

Authorization for the electronic transmission of voting rights notifications in the MVP portal:

  • Once you have logged in with your user data, you can apply for authorization to transmit voting rights notifications electronically.
  • To do so, click on "Apply for specialist procedure" and select the "Voting rights notifications" specialist procedure.
  • Select the "Direct notifier" notification case and click on "Apply".
  • The completed application for admission appears.
  • Click on "Submit application".
  • Print out the application for authorization, sign it and send it to BaFin by post or fax.
  • BaFin will check your application for authorization.
  • You will receive the admission to the specialist procedure by e-mail.
  • You can now submit a voting rights notification electronically.

Electronic transmission of voting rights notifications in the MVP Portal as an XML file:

  • Create your voting rights notification in XML format. You can find instructions on how to do this on the BaFin website under "Information sheets and manuals".
  • Open the MVP portal and log in with your user data.
  • Select "Submit notification" in the menu and enter all the required data.
  • Select "Submit XML file", select the XML file and click on "Send file".
  • You will receive a transmission confirmation.
  • You can view the processing status of the notification under "View log".
  • If the notification has been accepted, you will find a ZIP archive with a PDF and an XML file for download in the "Log" section. Both must be forwarded to the issuer. A voting rights notification is only legally effective once it has been transmitted to both the issuer and BaFin.

Electronic transmission of voting rights notifications in the MVP portal via online form:

  • Open the MVP portal and log in with your user data.
  • Select "Submit notification" in the menu and enter all the required data.
  • Select "Submit online form" and complete the form in full.
  • Click on "Submit notification" at the end of the form.
  • You will receive a transfer confirmation.

You can view the processing status of the notification under "View log".

If the notification has been accepted, you will find a ZIP archive with a PDF and an XML file for download in the "Protocol" section. Both must be forwarded to the issuer. A voting rights notification is only legally effective once it has been sent to both the issuer and BaFin

Alternatively, you can first carry out all steps as a test. To do this, select the specialist procedure "Test_Voting rights notifications" in the MVP portal and carry out all of the above steps.

Voting rights notifications to the issuer can be sent electronically to the e-mail address given in the legal notice on the issuer's homepage. The transmission must also include the notification as an XML file, which you will receive from BaFin in the MVP upon successful transmission to BaFin.

Requirements

As an investor, you reach, exceed or fall below 3 percent, 5 percent, 10 percent, 15 percent, 20 percent, 25 percent, 30 percent, 50 percent or 75 percent of the voting rights from shares belonging to you in an issuer whose shares are admitted to trading on at least one organized market through acquisition, sale or in any other way

The same applies, with the exception of the 3 percent threshold, if you hold financial instruments that enable you to acquire shares with voting rights, or if you touch a threshold with voting rights and financial instruments together.

This may also apply to foreign issuers that are admitted to trading on an organized market in Germany.

Which documents are required?

Self-registration on the MVP portal:
You do not need to submit any documents.

Admission to the specialist procedure:
Signed application form. Application form is generated automatically when applying electronically.

Submission of the voting rights notification:
In individual cases Organizational chart for group structures

BaFin reserves the right to request further documents if necessary.

What are the fees?

There are no costs.

What deadlines do I have to pay attention to?

You must submit the voting rights notification within 4 trading days at the latest.

Processing duration

Within a few minutes, you will receive confirmation in the MVP portal ("View log") that the notification has been successfully transmitted and, together with this, 2 files of the notification (ZIP file) for transmission to the issuer. Further feedback from BaFin will only be provided on a case-by-case basis in the event of queries regarding the submitted notification.

Legal basis

Appeal

Contradiction

Applications / forms

Forms available: No

Written form required: No

Informal application possible: No

Personal appearance necessary: No

What else should I know?

If the notification is not submitted, not submitted correctly, not submitted completely, not submitted in the prescribed manner or not submitted on time, a fine may be imposed.

Author

Forwarding service: Deep link to the original portal

Federal Financial Supervisory Authority (BaFin)

The text was automatically translated based on the German content.

Technically approved by

Federal Ministry of Finance (BMF)

Professionally released on

12.05.2022

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