Brenntag SE (“Brenntag”, “we”) takes note of the letter by PrimeStone LLP (“PrimeStone”) addressed to the Supervisory Board of Brenntag dated 12 June 2023.
We would like to clarify that we highly value shareholder rights and as such have facilitated and simplified the AGM voting process to the best of our ability. Brenntag published the convocation of the AGM on 9 May 2023 and, subsequently, sent the meeting invitation and voting materials to all registered shareholders on 25 May 2023, including instructions on registration for the AGM and voting procedures for all AGM agenda items and any countermotions submitted in advance of the AGM.
Brenntag has thus fulfilled all obligations required by law and has also provided comprehensive guidance to shareholders.
To make registration and voting easy for shareholders, Brenntag has, inter alia, published a sample registration form on its website and shared the access data for the InvestorPortal with all shareholders in the share register on 25 May 2023 well in advance of the AGM.
In accordance with applicable laws and common practice, and as outlined in the invitation to the AGM published on 9 May 2023, all shareholders that have registered for the AGM with the company’s registration desk by the end of the day on 8 June 2023 (midnight CEST) at the latest, are able to either vote directly by postal vote (post, email or via the InvestorPortal) or by proxy (third party, including intermediaries, or company-nominated) on all AGM agenda items and all countermotions. It is the responsibility of each shareholder to register for the AGM before the deadline in order to be able to exercise his or her right to vote. Registration after the deadline is prohibited by law.
Voting by postal vote as well as instructing the company-nominated proxies is possible until 14 June 2023 (5.00 p.m. CEST) for all duly registered shareholders. Alternatively, duly registered shareholders or their representatives can attend the AGM by connecting electronically and exercise their shareholder rights, including voting their shares, during the AGM via the InvestorPortal.
This procedure fully corresponds with the standard based on German stock corporation law to ensure legally secure participation and voting at the AGM – corporations have limited leeway in this respect. At past shareholder meetings, this procedure has led to high participation rates.
As of today, all voting orders received by registered shareholders have been processed. At the same time, Brenntag is not able to control the processes of intermediaries or service providers used by its shareholders. Brenntag has always and immediately advised shareholders to contact their bank/broker/voting service provider immediately if they experienced any problems. We are also always available to assist shareholders with any queries they may have. However, if shareholders are making use of the services of proxy providers, Brenntag has neither control nor influence on the processes that intermediaries have put in place together with their customers.
