Article 9. Information available to all shareholders
Relevant information for shareholders regarding the General Meeting must be posted on Acciona'swebsite and must be accessible by distance means of communication from the date of publication ofthe notice of Meeting until at least the date on which the Meeting is scheduled to be held.
The information must also be available for remittal in printed format in the cases envisaged by the law and these Regulations.
The information must include:
The full text of the notice of Meeting, including the agenda;
The full texts of the proposed motions on every item of the agenda or, in relation to those itemswhich are for informational purposes only, a report by the competent bodies, commenting on eachitem on the agenda. The motions presented by shareholders will also be included as they arereceived.
Reports by the Board of Directors, as required;
With respect to directors whose ratification, re-appointment or appointment is proposed to theGeneral Meeting, the following information: (i) Professional experience and background; (ii) Thedirector's category and, in the case of proprietary directors, the shareholder they represent or arerelated to. (iii) Directorships held in other companies, as well as other remunerated activities; (iv)Date of first and subsequent appointments as a director of Acciona; (v) Acciona shares and stockoptions owned by the director; and (vi) The proposals and reports required by current legislation.
The Financial Statements to be submitted for consideration by the General Meeting;
The non-financial information statement
The Auditors' Reports, when financial statements that must be or have been audited aresubmitted to the General Meeting;
An independent expert's report, when required by law;
Total number of shares and voting rights at the date of the notice, broken down by classes ofshares, if there is more than one;
Any other information that the law requires to be placed at the disposal of shareholders in relationto the General Meeting or that the Board of Directors or its delegate bodies have decided to makeavailable;
Contact details of the Investor Relations Department (including, at least, the postal and e-mailaddresses) through which shareholders may request information or make suggestions orproposals, in accordance with the law, the Articles of Association or these Regulations; andl) The means and procedures to be used for voting by proxy and remotely, except where theCompany sends them directly to each shareholder. In the event that they cannot be published onthe website for technical reasons, the Company will indicate how to obtain the paper forms, andmust send them to any shareholder upon request.
The publication of motions will not preclude their amendment prior to the General Meeting, wherepermitted by law.
In addition, the website must contain any other information that Acciona deems useful to facilitate theattendance by shareholders at the General Meeting and their participation and exercise of the right tovote. This information may include, inter alia:
Information on how to reach the venue of the General Meeting;
Rules governing access to the Meeting;
Procedure to obtain the attendance card;
Instructions on how to grant proxy or vote by mail, e-mail or any other means of distancecommunication, in accordance with the law and these Regulations,
How to exercise the right to vote;
Any other information deemed relevant to follow the Meeting, such as the existence or otherwiseof simultaneous interpretation or webcast of the General Meeting, as well as those issues relatedto accessibility for elderly or disabled persons to the meeting and the support at their disposal toexercise their rights of information, delegation and voting.
Article 10. Information requested by the shareholder
Shareholders may request any reports or clarifications they see fit regarding the following:
items on the agenda of the General Meeting of which notice has been given, or
information that is accessible to the public and has been provided by ACCIONA to the NationalSecurities Market Commission (CNMV) since the last General Meeting, as provided by law.
the auditor’s report.
Requests may be submitted from the time of publication of the notice of meeting until the fifth day priorto the scheduled date of the General Meeting.
Requests for information may be made as follows:
in writing and delivered to the investor assistance department at the registered address, or
sent by post, duly substantiating the applicant’s identification and his status as shareholder or, ifappropriate, his powers to represent the shareholder (which powers must be deemed sufficient bythe Company); or,
by e-mail or other written distance means, sent to the e-mail address provided by Acciona for thispurpose, providing that:a. the communication appropriately guarantees the author's identity in accordance with one ofthe systems set forth in article 13 of these Regulations, and
the applicant proves that he is a shareholder in accordance with the provisions of article 11 of these Regulations, unless the Board of Directors or its delegated bodies, at their discretion, decide that the status of shareholder is duly substantiated simply because the person requesting the information is registered as a shareholder in the most recent information available to the Company.
the applicant expressly accepts the use of this electronic communication system.
The Board of Directors and, by delegation, the Managing Director, must provide the information inwriting up until the day on which the General Meeting is held.The information may also be provided by the Chairperson of the Board of Directors, the Secretary ofthat same body, the Board Committees and their Chairpersons, acting with the Managing Director.The directors are not obliged to furnish the requested information in cases where:
The information or clarification is unnecessary to safeguard the shareholder's rights or there areobjective reasons to believe it may be used for purposes unrelated to the company or that itsdisclosure might be detrimental to the Company or to related companies.
The information sought is already clearly and directly available to all shareholders on theCompany's website in a question-and-answer form. In this case, the Board of Directors may limitits response to referring the shareholder to the information provided in that format.
when the law or the regulations so provide.
The request for information under item (a) above may not be denied if it is supported by shareholdersrepresenting at least twenty-five per cent (25%) of the Share Capital.
The Board of Directors, through the Board Secretary or any other employee who is an expert in thisarea, will respond to shareholder requests for information. Valid requests for information, clarificationsand questions made in writing prior to the Meeting will receive a response from the Board of Directorsin writing up to the date of the Meeting, which will be posted on the company's website.
The information must be communicated in writing. This information will be given to the shareholder inperson at the company’s registered address, or sent by post or using the same means by which therequest was sent, at the Company’s discretion, unless the shareholder has specified a preferredchannel, provided that it is appropriate for transmitting the information in question.
Article 31. Electronic Shareholders' Forum
An Electronic Shareholders' Forum must be created on the Company's website, which can beaccessed, with the appropriate guarantees, by individual shareholders and any voluntary associationsthat are created, with a view to facilitating communication prior to the General Meetings. Proposals fora supplement to the notice of meeting may be published in the Forum, as well as requests for supportfor such proposals, initiatives to achieve the percentage necessary to exercise minority rights allowedby law, and offers and solicitations of proxies.Shareholders may create specific, voluntary associations to exercise their rights and better defendtheir common interests. Shareholders associations must be registered in the Mercantile Registry and,purely for the purposes of public disclosure, in a special registry created for this purpose at theSpanish National Securities Market Commission.The Rules of Procedure of the Electronic Shareholders' Forum, which have been approved by theBoard of Directors and are binding upon all shareholders, are available on the Company's website.To access the forum and use its applications, shareholders and voluntary shareholder associationsmust register as “Registered Users”, accrediting both their identity and their standing as shareholdersor voluntary associations of shareholders under the terms and conditions set forth on the Companywebsite, using the corresponding registration form.Access by registered users to the Forum is conditional upon them retaining, at all times, their status asa shareholder or as a duly established and registered voluntary association.
The Board of Directors is responsible for establishing the information to be made available on thewebsite, in accordance with law's implementing regulations.
This website is not compatible with INTERNET EXPLORER 11 or earlier versions.
Please use a more up-to-date browser to improve your experience