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In compliance with German law, Deutsche Börse’s AGM agenda was first published in the German Federal Gazette and on the company’s website on April 12. During the following ten-day period provided by corporate law for submission and publication of shareholder additions to the agenda, an additional motion was received from Christopher Hohn, Managing Partner of TCI. This item was published on April 22. The official form of proxy, including TCI’s motion, was sent to registered shareholders and custodians on April 25. This is the only form of proxy that has been or will be published by the company.
Custodians holding shares for beneficial owners often create their own voting instruction forms immediately after an AGM agenda has been published - in this case on April 12 - and send these forms to their customers to provide timely information and ask for voting instructions on the company’s proposed agenda items. In the event a company’s agenda is amended with an additional shareholder motion, the same custodians typically issue a revised notice to their clients. Custodians do not seek the company’s review or approval of their voting instruction forms and, in this case, none of the voting instructions forms used by custodians were reviewed or approved by Deutsche Börse.
Deutsche Börse reiterates that all measures taken by the company in this context have been in full compliance with law and best practice.
