Weiß jemand in dieser Frage Bescheid? Meine Bank verweigert mir Bezugsrechte für die Kapitalerhöhung und behauptet, die Kapitalerhöhung stünde allein für Großinvestoren offen. Das ist sicherlich falsch, aber man hat mir folgenden Ausschnitt aus dem Reglement gemailt. Wo liegt der Fehler?
Die "restricitons" für EEA sind auf Seite 208. Hier der Ausschnitt mit den Ausnahmen (exemptions) der Personen die teilnehmen dürfen:
For investors in the European Economic Area
In relation to each Member State which has implemented the Prospectus Directive (each, a Relevant
Member State), with effect from and including the date on which the Prospectus Directive is implemented in
that Relevant Member State (the Relevant Implementation Date), an offer to the public of the Offer Shares
through a grant of the Rights may not be made in that Relevant Member State other than the offer in the
Netherlands once the Prospectus has been approved by the AFM and published in accordance with the
Prospectus Directive as implemented in the Netherlands, except that, with effect from and including the Relevant
Implementation Date, an offer to the public of the Offer Shares through a grant of the Rights may be made in that
Relevant Member State at any time under the following exemptions under the Prospectus Directive, if it has been
implemented in that Relevant Member State:
(a) to legal entities which are authorized or regulated to operate in the financial markets or, if not so authorized
or regulated, whose corporate purpose is solely to invest in securities;
(b) to any legal entity which has two or more of (i) an average of at least 250 employees during the last
financial year, (ii) a total balance sheet of more than EUR 43 million and (iii) an annual net turnover of
more than EUR 50 million, as shown in its last annual or consolidated accounts (if the Relevant Member
State has implemented the relevant provision of the 2010 PD Amending Directive, this exception is no
longer valid);
(c) to fewer than 100 or, if the Relevant Member State has implemented the relevant provision of the 2010 PD
Amending Directive, 150 natural or legal persons (other than qualified investors as defined in the Prospectus
Directive); or
(d) in any other circumstances falling within Article 3(2) of the Prospectus Directive,
provided that no such offer of Rights and Offer Shares shall result in a requirement for the publication by
KPN of a prospectus pursuant to Article 3 of the Prospectus Directive. |
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