The Annual General Meeting of Sunways AG took place at the Stadthalle Singen, Hohgarten 4, 78224 Singen/Hohentwiel, on 17 June 2010. We would like to thank all shareholders and guests for attending.
Publication of results pursuant to § 130 subparagraph 6 of the Stock Corporation Act (AktG)
The annual general meeting of Sunways Aktiengesellschaft on 17 June 2010, in each case with the necessary majority of votes, approved all proposed resolutions as published in the electronic Federal Gazette (Elektronischer Bundesanzeiger) on 7 May 2010. The general meeting was chaired by Supervisory Board Chairman Otto Mayer.
The voting results with respect to the individual agenda items were as follows:
| Agenda item | Valid votes | Percentage of stated capital represented | Affirmative votes | Percentage of affirmative votes | Negative votes | Abstentions |
|---|---|---|---|---|---|---|
|
ITEM 2 Appropriation of retained earnings |
3,215,546 | 27.747 % | 3,192,925 | 99.297 % | 22,621 | 1,141 |
|
ITEM 3 Formal approval of Management Board's actions |
1,738,657 | 15.003 % | 1,738,007 | 99.963 % | 650 | 375 |
|
ITEM 4 Formal approval of Supervisory Board's actions |
2,466,462 | 21.283 % | 2,465,612 | 99.966 % | 850 | 225 |
|
ITEM 5a Election of Mr. Thomas Nordmann to the Supervisory Board |
3,216,166 | 27.753 % | 3,201,894 | 99.556 % | 14,272 | 521 |
|
ITEM 5b Election of Mr. Otto Mayer to the Supervisory Board |
3,216,422 | 27.755 % | 3,206,095 | 99.679 % | 10,237 | 265 |
|
ITEM 6 Modification of corporate object and of § 2 of the articles of incorporation |
3,216,272 | 27.754 % | 3,216,272 | 100 % | 0 | 415 |
|
ITEM 7 Resolution on the authorization to acquire treasury shares (§ 71 subparagraph 1 no. 8 of the Stock Corporation Act (AktG)) and their utilization in combination with an exclusion of shareholders' preemptive rights |
3,133,612 | 27.040 % | 3,114,817 | 99.400 % | 18,795 | 83,075 |
|
ITEM 8 Resolution on non-compliance with disclosure requirements under § 285 sentence 1 no. 9 lit. a), sentences 5 through 8 as well as § 314 subparagraph 1 no. 8 lit. a), sentences 5 through 8 of the Commercial Code (HGB) (no disclosure of remunerations of individual Management Board members) |
1,726,587 | 14.899 % | 1,507,326 | 87.301 % | 219,261 | 12,445 |
|
ITEM 9 Modification of § 18 subparagraph 1 of the articles of incorporation |
3,209,872 | 27.699 % | 3,199,527 | 99.678 % | 10,345 | 6,815 |
|
ITEM 10 Resolution on the adaptation of the articles of incorporation to new statutory provisions |
3,209,812 | 27.698 % | 3,205,612 | 99.869 % | 4,200 | 6,875 |
|
TOP 11 Appointment of the auditors and group auditors for the fiscal year 2010 |
3,216,222 | 27.753 % | 3,214,972 | 99.961 % | 1,250 | 465 |