The platform solution of Bundesanzeiger Verlag GmbH

What is DPAii?

DPAii is the web-based platform for the definitive and consolidated identification of shareholders and the forwarding of information from the issuer to the shareholders within the EEA.

DPAii Plattform

What makes the DPAii solution stand out?

Continuously digital and secure communication with the intermediaries via SWIFT

Digital signatures are supported

Intuitive user guidance

Embedded in the information association certified according to ISO 27001

Compliant with the GDPR

Process-controlled data processing

GENERAL REMARKS ON DATA GATHERING

What is the current situation?

The shares of stock-exchange listed companies are often held in complex chains of intermediaries and, at present, only patchy identification is possible for the issuers, which is furthermore extremely costly because of the involvement of service providers.

The successful involvement of the shareholder in the business policy decision-making and voting processes of issuers requires knowing the identity of shareholders and their contact details.

Within the chain of intermediaries, each participant knows only its nearest neighbour, which further aggravates the problems.

Since the response from the intermediaries providing shareholder data has not been mandatory so far, the gathered data is incomplete or can only be used with limitations.

In result of this, the identification process is conducted only in rare cases.

Since ARUG II has come into effect, issuers now have the right to identify their shareholders. This presents big financial and organisational challenges to issuers and intermediaries.

Due to the large number of issuers and multiples of potentially participating intermediaries, besides the investment in IT systems and interfaces, substantial administrative and personnel cost must be expected by all parties involved for the processing of requests or responses for the identification of shareholders (KYS – “Know Your Shareholder”) .

DPAii supports issuers in the identification of their shareholders.

What does DPAii do?

DPAii sends the identification request to the intermediaries on behalf of the issuer in a consolidated form via SWIFT and it analyses the responses, thereby being able to process the data received for the issuer. At the same time, the shareholdings a shareholder holds at different intermediaries are summarised.

DPAii then provides the shareholder information as a file for download on the portal of the respective issuer. Furthermore, issuers have a graphic analysis feature available, whereby they can gather their shareholder structure quickly at a single glance.

Corporate actions can also be sent to the shareholders as included in the issuer order that is transmitted from DPAii via SWIFT through the chain of intermediaries.

The new reporting duty imposed on issuers as of 3 September 2020 requires them, besides publishing a convening notice for the general shareholders’ meeting pursuant to Sec. 121 (4) AktG in the Federal Gazette, to mail a convening notice for the general shareholders’ meeting pursuant to Sec. 125 AktG along the chain of intermediaries.

DPAii also transmits such notices pursuant to Sec. 125 AktG to the chain of intermediaries, in addition to its functionality as a platform for shareholder identification requests pursuant to Sec. 67d AktG.

DPAii gives issuers the option to commission not only the notice pursuant to Sec. 125 AktG, but also the submission by DPAii as a service provider for publication of the convening notice for the general shareholders’ meeting pursuant to Sec. 121 AktG in the Federal Gazette.

This way, by making use of DPAii, issuers can simply and easily fulfil both of their statutory obligations in one step or they have the choice to commission the handling of only one of the two statutory obligations via DPAii.

DPAii will transmit the convening notice to the general shareholders’ meeting to the Federal Gazette.

The convening notice for the general shareholders’ meeting will be sent simultaneously via Clearstream and along the chain of intermediaries to the ultimate intermediaries and thus to the shareholders in compliance with the law.

What is the process of data gathering in the use of DPAii?

  • All parties involved maintain only one communication channel, which is the DPAii.
  • The communication with the intermediaries takes place via SWIFT. This way, security and confidentiality of the data is assured.

DPAii is a disruptive alternative to the conventional methods of data transmission, as it enables the transmission of information regarding corporate actions directly and verifiably to the shareholders for the first time on a legal basis.

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