Setting New Standards in
Efficient Stakeholder Communication and Modern Corporate
Governance
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© Aktionaersforum AG |
ID #21
Stephan Leininger 21
December 2009
On the occasion of the Annual General
Meeting of Siemens AG in Munich on January 26, 2010, a new Internet
platform is now being launched at www.aktionaersforum-siemens.de in order
to allow for an advance discussion of individual agenda points.
For investors interested in using the forum
the agenda of the AGM contains two highly controversial points:
1.) The settlements with former members of
the Managing Board due to possible neglect of duty in connection with the
so-called corruption case. This also includes the settlement with the D&O
insurer of the concerned individuals.
2.) A general vote on the remuneration
system currently practiced by Siemens.
Especially regarding the first point we
observe a clear interest by investors, as 10% of the share could prevent
the settlement pursuant to section 93, paragraph 4 of German company law.
The corporation would then be forced to initiate an action for damages
against the involved board members, in order to obtain appropriate
compensation for losses totaling 1.6 billion euros. It is therefore
questionable whether it will be possible to convince 90% of the share that
a settlement is of greater benefit to the company.
With the second point new ground is being
tread in Germany. As one of the first corporations Siemens is making use
of the German law on the appropriate remuneration of board members (in
effect since August 5, 2009), according to which authorization for the
system of remuneration can be voted on at the AGM. In this area we also
see a great need for discussion. The Aktionaersforum would like to
encourage an objective discussion in the run-up to the AGM.
We will release the results of the debate
in advance and ensure that remaining questions become central topics at
the AGM.
In order to better gage general views on
these two points, we have started a survey at
www.aktionaersforum-siemens.de/survey. The debate will then be opened
based on the results of the survey.
As a relevant shareholder, we would like to
ask you to take a few minutes to participate in our survey.
Of course each participant will be informed
on the results of the survey and can participate in the discussion at
www.aktionaersforum-siemens.de.
The goal of the Aktionaersforum is to
create a more professional dialogue between corporations and their
shareholders and to strengthen shareholder democracy in Germany through
innovative communication platforms. Especially in the case of critical
shareholder meetings and complex structural measures the forum aims to
contribute to keeping the debate factual and objective and act as a
mediator in finding solutions. In particular the Aktionaersforum acts on
the need expressed by both institutional investors and management to
maintain an efficient, transparent, and legally adequate means of
communication outside of shareholder meetings, thereby streamlining the
debate in AGMs to a reasonable level.
We hope that you will support our goal to
enable transparent communication between shareholders, as well as between
shareholders and the company. |