§ Sec­tion 214 AktG Invi­ta­ti­on to the share­hol­ders

§ Sec­tion 214 Invi­ta­ti­on to share­hol­ders(1)

Fol­lo­wing the regis­tra­ti­on of the reso­lu­ti­on to increase the share capi­tal by issuing new shares, the Manage­ment Board must imme­dia­te­ly request the share­hol­ders to coll­ect the new shares. The request must be published in the com­pany’s gazet­te. The announce­ment must sta­te

1. the amount by which the share capi­tal has been increased,
2. the ratio of new shares to the old shares.
The announce­ment must also sta­te that the com­pa­ny is entit­led to sell shares that are not coll­ec­ted within one year of the announce­ment of the request after three war­nings for the account of the par­ties invol­ved.

(2) After the expiry of one year from the announce­ment of the request, the com­pa­ny must threa­ten to sell the uncoll­ec­ted shares. The thre­at shall be published three times at inter­vals of at least one month in the com­pa­ny gazet­tes. The last announce­ment must be made befo­re eigh­te­en months have elap­sed sin­ce the announce­ment of the request.

(3) One year after the last announce­ment of the thre­at, the com­pa­ny shall sell the uncoll­ec­ted shares for the account of the par­ties invol­ved at the stock exch­an­ge pri­ce and, in the absence of a stock exch­an­ge pri­ce, by public auc­tion. § Sec­tion 226 (3) sen­ten­ces 2 to 6 shall app­ly muta­tis mut­an­dis.