SHAREHOLDER RIGHTS
- Information available to all shareholders (Article 9 of the Shareholders´ Meeting Regulation)
Relevant information for shareholders regarding the Shareholders' Meeting shall be posted on Acciona's web site and it shall be accessible by remote means from the date of publication of the notice of Meeting until at least the date on which the Meeting is scheduled to be held.
The information shall also be available in printed format in the cases envisaged by the law and this Regulation.
- The information shall include:
- The full text of the notice of Meeting, including the Agenda;
- Proposed resolutions to be submitted to Meeting and approved by the Board of Directors before the date on which the Shareholders' Meeting is scheduled to be held;
- Reports by the Board of Directors, as required;
- The Financial Statements to be submitted for consideration by the Shareholders' Meeting;
- The Auditors' Report, when financial statements that must be, or have been, audited are submitted to the Shareholders' Meeting;
- An independent expert's report, when required by law;
- Any other information that the law requires to be placed at the disposal of shareholders in relation to the Shareholders' Meeting or that the Board of Directors or its delegate bodies have decided to make available; and,
- Contact details of the Investor Relations Department (including, at least, the postal and e-mail addresses) through which shareholders may request information or make suggestions or proposals, in accordance with the law, the Bylaws or this Regulation.
- The publication of proposed resolutions shall not preclude their amendment prior to the Shareholders' Meeting, where permitted by law.
- In addition, the web site shall include any other information that Acciona deems useful to facilitate the attendance by shareholders at the Shareholders' Meeting and their participation and exercising of the right to vote. This information may include, inter alia:
- Information on how to reach the venue of the Shareholders´ 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 remote communication, in accordance with the law and this Regulation, including, where appropriate, forms to attend the Shareholders´ Meeting or to grant proxy or cast postal or distance votes;
- How to exercise the right to vote;
- Any other information deemed relevant to follow the Meeting, such as the existence or otherwise of simultaneous interpretation or the audiovisual broadcast of the Shareholders´ Meeting. Information requested by shareholders (Article 10 of Shareholders´Meeting Regulation)
Shareholders may request any reports or clarifications they deem fit regarding the following:
- The items on the Agenda of the Shareholders' Meeting; or,
- The information accessible to the public that Acciona has filed with the National Securities Market Commission since the date of the last Shareholders' Meeting, in the terms established by law.
Requests may be made up until the seventh day prior to the date on which the Shareholders' Meeting is scheduled to be held at first call.
Requests for information may be made as follows:
- In writing, delivered to the Investor Relations Department at the registered office;
- By post, accrediting the identity of the applicant and their status as shareholder or, as appropriate, their capacity as proxy for the shareholder, as deemed adequate by the Company;
- By e-mail or by any other means of remote written communication, to the address indicated by Acciona for such purposes, provided that:
- The communication provides sufficient guarantees of its author´s identity, in accordance with the systems envisaged in Article 13 of this Regulation; and,
- The shareholder accredits his/her identity in accordance with Article 11 of this Regulation, unless the Board of Directors or its delegate bodies decide discretionally that the status of shareholder is accredited by the mere fact that the shareholder requesting information appears as a shareholder in the most recent information available to the Company.
The Board of Directors and, by delegation, the Managing Director must provide the information in writing up until the day on which the Shareholders' Meeting is held.
The information may also be provided by the Chairperson of the Board of Directors, the Secretary of the Board, the Audit Committee and its Chairperson, acting in coordination with the Managing Director.
Acciona is not bound to provide:
- Information whose disclosure would, in the opinion of the Chairperson of the Board of Directors, jeopardise the Company´s interests, unless the request for information is supported by shareholders representing at least one quarter of share capital;
- Information that does not refer to matters included in the Agenda, or information which Acciona has submitted to the National Securities Market Commission and which is accessible to the public;
- Information or clarification which is unnecessary to form an opinion on the matters submitted to the Shareholders' Meeting or which is considered excessive for any reason.
- The information shall be communicated in writing. It shall be delivered to the shareholder in hand at the registered office, by mail or by the same means through which the request was received, at the Company's choice, except where the shareholder has indicated a preferred method, provided that it is suitable for the transmission of the information in question.
- The information provided in response to a request by a shareholder which, in the opinion of the Board of Directors or its delegate bodies, may be of general interest to all shareholders, shall be posted on the Company's web site and, if appropriate, shall be communicated to the National Securities Market Commission as a significant disclosure.