PTA-HV: S IMMO AG: Invitation to the extraordinary general meeting

8/11, 4:45 PM (Source: pressetext)

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Vienna (pta046/11.08.2022/16:45) - This is a working translation from the German version and for convenience only. Only the German version shall be legally binding.

Shareholders' meeting according to article 107 section 3 AktG

Vienna (pta046/11.08.2022/16:45) - This is a working translation from the German version and for convenience only. Only the German version shall be legally binding.

S IMMO AG
Vienna
FN 58358 x, ISIN AT0000652250

Invitation to the Extraordinary General Meeting of
S IMMO AG ("the Company")
on Tuesday, 06 September 2022 at 11:00
at the Courtyard by Marriott Vienna Prater/Messe, Trabrennstrasse 4, 1020 Wien

I. GENERAL MEETING SHALL BE CONDUCTED AS A VIRTUAL GENERAL MEETING WITHOUT THE PRESENCE OF SHAREHOLDERS

1. The Austrian COVID-19 Act Amending Corporate Law (COVID-19-GesG) and Austrian COVID-19 Regulation Amending Corporate Law (COVID-19-GesV)

After careful consideration, the Management Board decided to make use of the statutory provision of a virtual shareholders' meeting to protect shareholders and other participants.

In accordance with Section 1, para. 2, COVID-19-GesG, Austrian Federal Law Gazette (BGBl.) I, No. 16/2020, as amended by BGBl. I, No. 72/2022, and the COVID-19-GesV (BGBl. II, No. 140/2020, as amended by BGBI. II, No. 252/2022), the General Meeting of S IMMO AG on 06 September 2022 shall be held as a virtual General Meeting in consideration of the interests of both the Company and the participants.

According to the decision of the Management Board, this means that, for reasons of health protection, shareholders and their representatives (with the exception of the special proxies pursuant to Section 3, para., 4 COVID-19-GesV) cannot be physically present at the General Meeting of S IMMO AG on 06 September 2022.

The General Meeting shall be held in the physical presence of the Chairmen of the Supervisory Board, the members of the Management Board, the certifying public notary and the four special proxies designated by the Company at the Hotel Courtyard by Marriott Vienna Prater/Messe, Trabrennstrasse 4, 1020 Vienna.

Conducting the Extraordinary General Meeting in the form of a virtual General Meeting pursuant to the COVID-19-GesV will result in modifications to the otherwise customary procedures of the Extraordinary General Meeting as well as to how shareholders will exercise their rights.

Voting rights, the right to file motions, and the right to raise objections will be exercised exclusively by granting power of attorney and issuing instructions to one of the special proxies proposed by the Company in accordance with Section 3, para. 4, COVID-19-GesV.

Shareholders themselves can also exercise their right to information during the virtual General Meeting, exclusively in electronic form, namely by sending questions in text form exclusively by e-mail directly to the e-mail address fragen.simmoag@hauptversammlung.at, provided that the shareholders have submitted a deposit confirmation within the meaning of Section 10a of the Austrian Stock Corporation Act (AktG) in due time in accordance with item IV. and have authorised a special proxy in accordance with item V.

2. Livestream of the General Meeting
The General Meeting will be livestreamed (audio and video) in accordance with Section 3, para. 2 and para. 4, COVID-19-GesV.

Doing so is statutory under data protection law as set out in Section 3, para. 1, para. 2 and para. 4, of the COVID-19-GesV.

All shareholders of the Company can follow the General Meeting on 06 September 2022 from 11:00 a.m. using technical aids on the internet at www.simmoag.at/hauptversammlung as a virtual General Meeting.

The technical requirements for the shareholders are appropriately reliable internet access/a reliable internet connection and an internet-enabled device with an HTML5 internet browser with JavaScript activated that is capable of playing the audio-visual stream (e.g. a PC with monitor and loudspeaker, notebook, tablet, smartphone, etc.).

With the video and audio of the General Meeting being broadcast live in a one-way connection on the internet, all shareholders who so desire will have the opportunity to follow the General Meeting as well as the Management Board's presentation and its responses to questions from shareholders.

Shareholders are hereby informed that this live broadcast as a virtual General Meeting will not enable remote participation (Section 102, para. 3, no. 2, of the AktG (Austrian Stock Corporation Act) or remote voting (Section 102, para. 3, no. 3, of the AktG and Section 126 of the AktG) and the internet broadcast will not provide a two-way connection. Shareholders will therefore be unable to take the floor. Please refer to item VI below concerning the right to ask questions.

Shareholders are also informed that the Company is responsible for the communications equipment used only to the extent that it falls within the Company's sphere of influence (Section 2, para. 6, of the COVID-19-GesV).

In all other respects, please refer to the organisational and technical requirements for attending the virtual General Meeting indicated in this invitation pursuant to Section 2, para. 4, of the COVID-19-GesV.

II. AGENDA
1. Changes to the Supervisory Board

The General Meeting is convened on the basis of a written request by the shareholder CPI Property Group S.A. ("CPIPG") within the meaning of Section 105, para 3. of the Austrian Stock Corporation Act.

III. DOCUMENTS FOR THE GENERAL MEETING; PROVISION OF INFORMATION ON THE WEBSITE
The following documents, in particular, will be available on the Company's website at www.simmoag.at/agm, no later than 16 August 2022:

• Convening request of CPIPG,
• Agenda and CPIPG's proposed resolutions and justification for agenda item 1,
• Curricula vitae and declarations pursuant to Section 87, para. 2 AktG of the candidates proposed by CPIPG for election to the Supervisory Board,
• The form granting power of attorney to one of the special proxies in accordance with Section 3, para 4, COVID-19-GesV,
• The form for revoking a power of attorney,
• Question form,
• Full text of this invitation.

IV. RECORD DATE AND REQUIREMENTS FOR ATTENDANCE AT THE GENERAL MEETING
Eligibility to attend the virtual General Meeting and to exercise voting rights and other shareholder rights to be exercised in the course of the virtual General Meeting in accordance with COVID-19-GesG and COVID-19-GesV shall be based on share ownership as of midnight (24:00) on 27 August 2022, Vienna time (Record Date).

Only persons who are shareholders as of the Record Date and who have demonstrated this to the Company are eligible to attend the virtual Extraordinary General Meeting in accordance with COVID-19-GesG and COVID-19-GesV.

Shareholders who accept the public mandatory offer published by CPIPG on 15 July 2022 pursuant to Sec. 22 et seq. ÜbG for their shares during the additional acceptance period prior to the record date of the General Meeting may continue to register for and attend the General Meeting. The shares tendered for acceptance of the takeover offer during the additional acceptance period will be given the ISIN AT0000A2YPE6 according to information in the mandatory offer of CPIPG. In this case, the registration for the General Meeting and all information in connection with the General Meeting can then be made with this ISIN AT0000A2YPE6.

A safe custody receipt in accordance with Section 10a AktG is required as evidence of share ownership on the Record Date and must be delivered to the Company through one of the following communication channels and addresses no later than 01 September 2022 (midnight, CEST, Vienna time):

(i) For submission of the safe custody receipt in written or electronic form in accordance with the Articles of Incorporation in accordance with Article 11(9)

By fax: +43 (0)1 8900 500 - 50
By e-mail: anmeldung.simmoag@hauptversammlung.at
(Please attach safe custody receipts as PDF files.)

(ii) For submission of the safe custody receipt in written form

By post or courier: S IMMO AG
c/o HV-Veranstaltungsservice GmbH
8242 St. Lorenzen am Wechsel, Köppel 60
Via SWIFT: GIBAATWGGMS
(Message Type MT598 or MT599,
text must include "ISIN AT0000652250" or "AT0000A2YPE6")

Without a safe custody receipt timely received by the Company, shareholders cannot validly appoint a special proxy and therefore will be unable to exercise their shareholder's rights.

We request that shareholders contact their custodian bank and arrange for the issuance and submission of a safe custody receipt. The record date has no effect on the saleability of the shares.

Safe custody receipt in accordance with Section 10a AktG

The safe custody receipt must be issued by a custodian bank based in a member state of the European Economic Area or in a full member state of the OECD and must contain the following information:

• Information regarding the issuer: name/company and address of a code commonly used in transactions between banks (SWIFT code)
• Information regarding the shareholder: name/company and address; in the case of natural persons, also the date of birth; in the case of legal entities, the place of registry and registry number,
• Information regarding the shares: number of shares held by the shareholder, ISIN AT0000652250 or ISIN AT0000A2YPE6 (International Securities Identification Number)
• Custody account number, securities account number or other designation,
• Date or period to which the safe custody receipt refers.

The safe custody receipt as evidence of share ownership to attend the Extraordinary General Meeting must refer to the end of the Record Date 27 August 2022 (midnight (24:00), CEST, Vienna time).

The safe custody receipt will be accepted in German or English.

V. APPOINTMENT OF A SPECIAL PROXY AND THE PROCEDURE TO BE FOLLOWED
Any shareholder who is eligible to attend the virtual Extraordinary General Meeting in accordance with COVID-19-GesG and COVID-19-GesV and who has demonstrated this to the Company in accordance with the provisions of item IV in this invitation, has the right to appoint a special proxy.

In accordance with Section 3, para. 4, COVID-19-GesV, only one of the special proxies – whose costs shall be borne by the Company – can file motions, cast votes and raise objections during the virtual Extraordinary General Meeting of S IMMO AG on 06 September 2022.

The following individuals, who are qualified and independent of the Company, are proposed as special proxies:

(i) Dr Marie-Agnes Arlt, LL.M. (attorney-at-law)
c/o a2o.legal - Kooperation selbständiger Rechtsanwälte
Ebendorferstrasse 6/10, 1010 Vienna
phone.: + 43 (0)1 308 25 80
e-mail: arlt.simmoag@hauptversammlung.at

(ii) Dr Mario Gall (attorney-at-law)
c/o Pelzmann Gall Größ Rechtsanwälte GmbH
Wagramer Strasse 19/33, 1220 Vienna
phone: + 43 (0)1 26095 2155
e-mail: gall.simmoag@hauptversammlung.at

(iii) Ewald Oberhammer, LL.M. (attorney-at-law)
c/o Oberhammer Rechtsanwälte GmbH
Karlsplatz 3/1, 1010 Vienna
phone: + 43 (0)1 503 30 00
e-mail: oberhammer.simmoag@hauptversammlung.at

(iv) Gernot Wilfling (attorney-at-law)
c/o Müller Partner Rechtsanwälte GmbH
Rockhgasse 6, 1010 Vienna
phone: + 43 (0)1 535 80 08
e-mail: wilfling.simmoag@hauptversammlung.at

Each shareholder may choose one of the individuals named above as his or her special proxy and grant that person power of attorney.

Section 3, para. 4, of the COVID-19-GesV prohibits powers of attorney from being granted to a different individual.

To simplify the staging of the Extraordinary General Meeting, shareholders are requested to limit communications with their respectively chosen proxies to requesting the filing of motions, casting of votes and the raising of objections. By contrast, shareholders themselves may also exercise their right to information during the virtual Extraordinary General Meeting by means of electronic communication by sending questions directly to the Management Board via e-mail in accordance with item VI, subitem 4.

Shareholders are advised to contact their authorised special proxy in advance if the authorised special proxy is being given instructions on the filing of motions, casting of votes or raising of objections concerning one or more items on the agenda during the virtual Extraordinary General Meeting. During the Extraordinary General Meeting, communication with the proxies will be possible only via e-mail at the e-mail address provided above for each special proxy.

To verify the shareholder's identity, in particular during the Extraordinary General Meeting, the designated field on the form granting power of attorney must indicate the e-mail address that will be used to send questions and issue instructions to the special proxy. Furthermore, the signature of the shareholder confirms that only he or she will have access to the e-mail address provided there.

A proxy form for granting power of attorney to the special proxies will be available on the Company's website at www.simmoag.at/agm from 16 August 2022 at the latest. Shareholders are asked to use this form for granting power of attorney. Please read the form granting power of attorney carefully.

In your own interest, powers of attorney should be received by your proxy at the corresponding e-mail address given below no later than 4:00 p.m. on 02 September 2022:

(i) arlt.simmoag@hauptversammlung.at

(ii) gall.simmoag@hauptversammlung.at

(iii) oberhammer.simmoag@hauptversammlung.at

(iv) wilfling.simmoag@hauptversammlung.at

This method of submission gives your chosen and authorised special proxy – not one of the other proxies – direct access to the power of attorney.

Handing the power of attorney to the special proxy in person at the meeting venue is expressly prohibited in order to ensure effectiveness of the special measures put in place because of COVID-19.

In addition to submitting the form to the e-mail addresses above, only the following methods of communication and addresses are available for submitting powers of attorney:

By post or courier: S IMMO AG
c/o HV-Veranstaltungsservice GmbH
8242 St. Lorenzen am Wechsel, Köppel 60
By fax: +43 (0)1 8900 500 - 50
Via SWIFT: GIBAATWGGMS
(Message Type MT598 or MT599,
text must include "ISIN AT0000652250" or AT0000A2YPE6)

The appointment of a special proxy is only valid using the form available for download on the Company's website. The details of the power of attorney, in particular the text form and the content of the power of attorney, can be found in the power of attorney form made available to shareholders.

When authorising another person, it must be ensured by means of an effective chain of authorisation (sub-authorisation) that one of the four special proxies is authorised to exercise voting rights, the right to file motions and the right to make objections at the Extraordinary General Meeting itself. In accordance with Section 3, para. 4, COVID-19-GesV, it is not possible to authorise a person other than the four special proxies to exercise these rights at the Extraordinary General Meeting. However, it is permitted to authorise other persons to exercise other rights, including in particular the right to request information and the right to speak.

The above provisions regarding the granting of power of attorney apply accordingly to revoking power of attorney. A form for doing so is also available on the Company's website, the use of which is mandatory if a shareholder wishes to revoke a power of attorney.

The special proxies will exercise voting rights, the right to file motions and the right to make objections only as instructed. If the proxy does not have instructions for a specific resolution, the proxy will abstain. The proxy will also abstain from resolutions for which unclear instructions were issued (e.g. FOR and AGAINST the same resolution at the same time).

Shareholders are requested to issue their instructions to their chosen proxy using the appropriate Section of the form for granting power of attorney, which will be available for download from the Company's website at www.simmoag.at/agm from 16 August 2022 at the latest.

Instructions can be issued together with the power of attorney or also at a later date. Instructions to exercise voting rights, the right to file motions and the right to make objections can be issued before or during the Extraordinary General Meeting until the time determined by the Chairwoman. Until such time, shareholders can amend instructions already issued or issue new instructions.

VI. NOTES ON SHAREHOLDER'S RIGHTS PURSUANT TO SECTIONS 109, 110, 118 AND 119 OF THE AUSTRIAN STOCK CORPORATION ACT (AKTG)

1. Additions to the agenda by shareholders in accordance with Section 109 AktG
Shareholders whose shares individually or collectively amount to 5% of the share capital and who have been holders of these shares for at least three months prior to the motion, can submit a written request for additional items to be put on the agenda of this Extraordinary General Meeting and to be published, provided the request is received by the Company in writing by no later than 18 August 2022 (midnight, CEST, Vienna time) by post or courier service at the Investor Relations Department., Attn. Mrs Elisabeth Wagerer, Friedrichstrasse 10, 1010 Vienna, or, if by e-mail, with a qualified electronic signature, to the e-mail address elisabeth.wagerer@simmoag.at or by SWIFT to the address GIBAATWGGMS. "In writing" means signed by hand or by corporate signature by each applicant or, if by email, by qualified electronic signature or, if by SWIFT, with Message Type MT598 or Type MT599; whereby it is essential that ISIN AT0000652250 or ISIN AT0000A2YPE6 is stated in the text.

Each such application for an agenda item must include a proposed resolution, together with the reasons therefore. The agenda item and proposed resolution, but not its reasoning, must also be written in German. Shareholder status shall be evidenced by submission of a safe custody receipt in accordance with Section 10a AktG confirming that the requesting shareholders have held the shares for at least three months prior to the application and that the safe custody receipt is no more than seven days old at the time of its submission. Multiple safe custody receipts for shares that collectively represent only a 5% stake in the share capital must indicate the same point in time (date, time).

Please refer to the information on eligibility to attend (item IV. of this invitation) with regard to the other requirements for the safe custody receipt.

2. Proposed resolutions for agenda items by shareholders in accordance with Section 110 AktG
Shareholders whose shares individually or collectively amount to 1% of the share capital can submit proposals for resolutions on any item on the agenda in text form within the meaning of Section 13 para 2 AktG, together with the reasons, and request that these proposals and their reasoning, together with the names of the shareholders concerned, and any opinion of the Management Board or the Supervisory Board be published on the Company's registered website, provided the request is delivered to the Company in written or electronic form no later than 26 August 2022 (midnight, CEST, Vienna time) either by fax to +43 (0)1 22795 91125; by post or courier service to its business address at S IMMO AG, Investor Relations Department, Attn. Mrs Elisabeth Wagerer, Friedrichstrasse 10, 1010 Vienna; or by e-mail at elisabeth.wagerer@simmoag.at, with the request attached to the e-mail in written or electronic form as defined by Section 13, para. 2, AktG, for example, as a PDF. If statements are required in text form as defined by Section 13, para. 2, of the AktG, the statement must be submitted in a written instrument or by other means apt for a durable reproduction in the written form. The statement must also name the individual making said statement, and the end of the statement must be identified by a representation of the individual's signature or in some other manner. The proposed resolution, but not its reasoning, must also be written in German. In the case of a nomination for the election of a member of the Supervisory Board, pursuant to Section 87, para. 2, AktG, (as below)

Persons for election to the Supervisory Board (item 1 of the agenda) may therefore only be proposed by shareholders whose shares together amount to 1% of the capital stock. Such nominations must be received by the Company no later than 26 August 2022 in the manner specified above. Each nomination must be accompanied by a declaration pursuant to Section 87, para. 2 of the Austrian Stock Corporation Act of the proposed person's professional qualifications, professional or comparable functions and any circumstances that could give rise to concern about partiality. Otherwise, the shareholder proposal for the election of a Supervisory Board member may not be considered in the vote.

Shareholder status shall be evidenced by submission of a safe custody receipt in accordance with Section 10a AktG that confirms that the safe custody receipt is no more than seven days old at the time of its submission. Multiple safe custody receipts for shares that collectively represent only a 1% stake in the share capital must indicate the same point in time (date, time).

Please refer to the information on eligibility to attend (item IV. of this invitation) with regard to the other requirements for the safe custody receipt.

3. Information as defined by Section 110, para. 2, sentence 2 in conjunction with Section 86, para. 7 and para. 9, AktG
Under agenda item 1, "Changes to the Supervisory Board" and any submission of a relevant nomination by shareholders in accordance with Section 110 AktG, the company makes the following disclosures:

The Supervisory Board of S IMMO AG currently consists of eight members elected by the Annual General Meeting (capital representatives). Of the eight capital representatives, six are men and two are women. Pursuant to Section 110 ArbVG (Arbeitsverfassungsgesetz), three members – one female and two male employees – were delegated to the Supervisory Board by the works council.

It is announced that an objection pursuant to Section 86 para 9 AktG was raised neither by the majority of the capital representatives nor by the majority of the employee representatives and that therefore the minimum shareholding requirement pursuant to Section 86 para 7 AktG will not be fulfilled separately but in its entirety.

Section 8, para. 1, of the Articles of Incorporation of S IMMO AG specifies that the Supervisory Board shall be comprised of up to ten members elected by the Annual General Meeting.

In the event that nominations are submitted by shareholders in accordance with Section 110 AktG under agenda item 1, "Changes to the Supervisory Board", it should be noted that if the number of Supervisory Board members to be elected by the General Meeting exceeds six, the gender quota pursuant to Section 86, para. 7 AktG applies in terms of overall compliance pursuant to Section 86, para. 9 AktG. If the number of Supervisory Board members to be elected by the General Meeting is between six and eight, at least three women or men must be members of the Supervisory Board. At the time the General Meeting was convened, two women and six men had been elected to the Supervisory Board as capital representatives, and one woman and two men had been delegated to the Supervisory Board by the Works Council, with one woman (capital representative) and four men having resigned their mandates at the end of the Extraordinary General Meeting. Provided that there are no further changes in the composition of the Supervisory Board before the General Meeting, after the end of the General Meeting there will be at least one woman and one man on the Supervisory Board as capital representatives, so that with a number of six to eight Supervisory Board members (capital representatives) to be elected by the General Meeting, the minimum proportion requirement pursuant to § 86, para. 7 AktG would also be met after the election of one more woman and one more man at the General Meeting on 06 September 2022.

If the number of Supervisory Board members to be elected by the General Meeting is reduced to four in the course of the vote of the Extraordinary General Meeting on September 6, 2022 on agenda item 1 "Changes in the Supervisory Board" in accordance with the shareholder proposal of CPIPG, the applicability of section 86 para 7 Stock Corporation Act and thus a minimum quota requirement shall not apply.

4. Shareholders' right to information in accordance with Section 118 AktG
At the General Meeting, upon request, each shareholder shall be provided with information regarding the Company's affairs to the extent that such information is necessary to permit a proper evaluation of the relevant item on the agenda. The right to information also extends to the Company's legal relationships to an affiliated company as well as to the position of the Group and the companies included in the consolidated financial statements.

The information may be refused if, according to reasonable business judgement, it could cause significant harm to the Company or an affiliated company or its disclosure would constitute a criminal offence.

A prerequisite for the exercise of the shareholders' right to information is the proof of entitlement to attend (item IV. of the convocation) and the granting of a corresponding power of attorney to the special proxy (item V. of the convocation).

The right to request information and the right to speak can be exercised by an e-mail sent to the e-mail address created for this purpose, fragen.simmoag@hauptversammlung.at. Please use the question form, which will be available for download from the Company's website at www.simmoag.at/agm from 16 August 2022 at the latest, and attach the completed and signed form to your e-mail.

If you send your questions or speeches without using the question form, the identity of the shareholder (name/company, date of birth/shareholder's commercial register number) must be stated. The end of the statement must be clearly identified by a reproduction of the shareholders'. signature or by other means, for example by stating the name of the shareholder/company (Section 13, para. 2, AktG). To enable the Company to ascertain the shareholder's identity and consistency with the safe custody receipt, please also state your custody account number in your e-mail in such event.

If the right to request information/right to speak is exercised by a proxy, proof of power of attorney must also be provided in written or electronic form.

Shareholders are asked to send their questions in advance before the General Meeting in written or electronic form by e-mail to fragen.simmoag@hauptversammlung.at in time to reach the Company at the latest on the 01 September 2022. By doing so, you will enable us to prepare exact responses to the questions you submit and deliver them as quickly as possible.

Shareholders can also send their questions and statements to the Company during the General Meeting, exclusively in written form by e-mail sent directly to fragen.simmoag@hauptversammlung.at. Please note that the Chairwoman can set appropriate time limits for questions and statements during the General Meeting.

The requirement for exercising a shareholder's right to request information is proof of eligibility in accordance with Section IV of this invitation.

5. Motions from shareholders in the Extraordinary General Meeting in accordance with Section 119 AktG
Each shareholder has the right (regardless of their specific share ownership) to submit motions on any item on the agenda through his or her special proxy at the virtual Extraordinary General Meeting pursuant to the COVID-19-GesG and the COVID-19-GesV.

Motions, however, may be submitted only to the proxy authorised by the shareholder and filed by said proxy.

The point in time until which instructions for the submission of motions to the special proxy will be possible shall be determined by the Chairwoman in the course of the virtual General Meeting.

The requirement for doing so is proof of eligibility to attend in accordance with item IV. of this invitation and the granting of a corresponding power of attorney to the special proxy in accordance with item V. of this invitation.

A shareholder's motion for the election of a member of the Supervisory Board requires the timely submission of a nomination in accordance with Section 110 AktG. (item VI. Section 2 of this invitation)

6. Information for shareholders regarding data processing
S IMMO AG processes the personal data of its shareholders (in particular, those defined in Section 10a, para. 2, AktG, being the name, address, date of birth, securities account number, number of shares held by the shareholder, if applicable share category, voting card number, and, if applicable, name and date of birth of the proxy) under the applicable data protection provisions, but in particular the European General Data Protection Regulation (GDPR) and the Austrian Data Protection Act (DPA) in order to enable the shareholders to exercise their rights at the Extraordinary General Meeting.

The processing of the shareholders' personal data is mandatory for the shareholders and their proxies to attend the Extraordinary General Meeting in accordance with the Austrian Stock Corporation Act (AktG). The legal basis for the processing is therefore Article 6 (1) c) of the GDPR.

S IMMO AG is the data controller for the processing. S IMMO AG uses external service providers, such as notaries, lawyers, special proxies, banks and IT service providers, to organise the Extraordinary General Meeting. These service providers only receive personal data from S IMMO AG that are necessary for the execution of service ordered, and they process the data only in accordance with S IMMO AG's instructions. Insofar as it is legally necessary, S IMMO AG has entered into a data protection agreement with these service providers.

If a shareholder attends the virtual Extraordinary General Meeting, all of the proxies, members of the Management and Supervisory Boards, and the notary who are present will be able to view their name on the list of participants, which must be kept by law (Section 117 AktG), and will thereby also view the personal data (including their address and share details) contained therein. S IMMO AG is also required by law to submit its shareholders' personal data (in particular the list of participants) to the Commercial Register (Firmenbuch) as part of the notarial record (Section 120 AktG).

Shareholder information will be anonymised or deleted as soon as it is no longer necessary for the purposes for which it was collected or processed, and unless other legal obligations require further storage. Legal obligations regarding documentation and data retention primarily arise from business, stock corporation and takeover laws, fiscal and tax laws, and money laundering laws. If legal claims are made by shareholders against S IMMO AG or vice versa by S IMMO AG against shareholders, the storage of personal data shall serve to clarify and enforce claims in individual cases. In connection with legal proceedings brought before civil courts, this may lead to the storage of data during the period of limitation plus the duration of the legal proceedings until its final legal termination.

Every shareholder has the right of access, right to rectification, erasure ('right to be forgotten'), restriction of processing, and the right to object at any time regarding the processing of personal data as well as the right to data portability in accordance with Chapter III of the GDPR. Shareholders can assert these rights free of charge by contacting S IMMO AG by e-mail at media@simmoag.at or via the following contact details:

S IMMO AG
Friedrichstrasse 10, 1010 Vienna, Austria
Phone: +43 (0)1 22795-1112
Fax: +43 (0)1 22795-91112

In addition, the shareholders have the right to lodge a complaint with the competent supervisory authority (Data Protection Authority) in accordance with Article 77 of the GDPR.

Additional information on data protection can be found in the privacy policy on the S IMMO AG website www.simmoag.at.

VII. ADDITIONAL INFORMATION AND NOTES

1. Total number of shares and voting rights

At the time of convening the General Meeting the share capital of the company was EUR 267,457,923.62, divided into 73,608,896 no-par value shares. Each share carries one vote.

As of 10 August 2022, the Company holds 3,084,797 treasury shares. These shares do not confer any rights, including no voting rights. Any change in the holdings of treasury shares until the General Meeting and, thus in the total number of voting rights will be announced at the General Meeting.

2. No in-person attendance

We expressly wish to point out once more that, during the upcoming virtual Extraordinary General Meeting, there will be neither shareholders nor guests physically in attendance at the meeting venue because of the legal requirements.

Vienna, August 2022 The Management Board

(end)

emitter: S IMMO AG
address: Friedrichstraße 10, 1010 Wien
country: Austria
contact person: Elisabeth Wagerer
phone: +43 1 22795-1120
e-mail: elisabeth.wagerer@simmoag.at
website: www.simmoag.at

ISIN(s): AT0000652250 (share)
stock exchanges: official trade in Vienna

[ source: https://www.pressetext.com/news/20220811046 ]