OMV Aktiengesellschaft / Publication of a major holdings notification pursuant to §93 para 2 of the Austrian Stock Exchange Act
OMV Aktiengesellschaft ("OMV“) announces as per section 93 para 2 of the Austrian Stock Exchange Act that it has received on 7 March 2017 the following major holdings notification pursuant to section 91 et seqq. of the Austrian Stock Exchange Act:
Overview
Notification made after Deadline
2. Reason for the notification: Acquisition or disposal of voting rights
3. Person subject to notification Obligation
- Acting in concert agreement (Sec. 92 No. 1 BörseG)
|
Name/Surname |
Sitz | Staat |
| International Petroleum Investment Company PJSC | Abu Dhabi |
United Arab Emirates |
| Österreichische Bundes- und Industriebeteiligungen GmbH | Vienna | Austria |
4. Name of shareholder(s):
5. Date on which the threshold was crossed or reached: 19.1.2017
6. Total Positions
| % of voting rights attached to shares (7.A) | % of voting rights through financial/other instruments (7.B.1 + 7.B.2) | Total of both in % (7.A + 7.B) | Total number of voting rights of issuer | |
| Resulting situation on the date on which threshold was crossed / reached |
56,40 % |
0,00 % |
56,40 % |
327.272.727 |
| Position of previous notification (if applicable) |
56,40 % |
56,40 % |
Details
7. Notified details of the resulting Situation:
| ISIN Code | Number of voting rights | % of voting rights | ||
| Direct
(Sec 91 BörseG) |
Indirect
(Sec 92 BörseG) |
Direct
(Sec 91 BörseG) |
Indirect
(Sec 92 BörseG) |
|
|
AT0000743059 |
184.581.798 | 56,40 % | ||
| SUBTOTAL A | 184.581.798 | 56,40 % | ||
| Type of instrument | Expiration Date | Exercise Period | Number of voting
rights that may be acquired if the instrument is exercised |
% of voting rights |
| SUBTOTAL B.1 |
| Type of instrument | Expiration Date | Exercise Period | Physical /
Cash Settlement |
Number of
voting rights |
% of voting rights |
|
SUBTOTAL B.1 |
8. Information in relation to the person subject to the notification Obligation:
Full chain of controlled undertakings through which the voting rights and/or the financial/other instruments are effectively held starting with the ultimate controlling natural person or legal entity
| No. | Name | Directly controlled by No. | Sharesheld directly (%) | Financial/other instrumentsheld directly (%) | Totalof both (%) |
|---|---|---|---|---|---|
| 1 |
Government of Abu Dhabi |
||||
| 2 |
Mubadala Investment Company PJSC |
1 | |||
| 3 | International Petroleum Investment Company PJSC | 2 | 24,90 % | 24,90% | |
| 4 | Republik Österreich | ||||
| 5 | Österreichische Bunds- und Industriebeteiligungen GmbH | 4 | 31,50 % | 31,50 % |
9. In case of proxy voting:
Date of general meeting: -
Voting rights after general meeting: - is equivalent to - voting rights.
10. Additional Information:
Of the approx. 56.40% shares which are subject of this notification, approx. 24.90% are held directly by IPIC, whereas approx. 31.50% are held by Österreichische Bundes- und Industriebeteiligungen GmbH (ÖBIB), which shares are held by the Republic of Austria, and that are attributable to IPIC for the purposes of this notification due to the existing syndicate agreement between IPIC and ÖBIB.
100% of the shares in IPIC, which were previously held directly by the government of Abu Dhabi, have been transferred to Abu Dhabi's wholly-owned holding company Mubadala Investment Company PJSC. IPIC’s direct share interest in OMV (approx 24.90%) and the existing syndicate with ÖBIB remain unaffected by the transfer.
Notwithstanding that the implementing law (which formally incorporated Mubadala Investment Company PJSC (MIC) and simultaneously effected MIC’s acquisition of the entire share capital of IPIC) was made effective from the date of its issuance (i.e. on 19 January 2017) the law has not yet been published. Although MIC has been formally incorporated by operation of law on 19 January 2017, it has yet to finalise certain registration formalities to give effect to its separate legal personality and to allow it to undertake commercial activities. Such outstanding registration formalities include: the issuance of its Articles of Association, its registration with the Abu Dhabi Department of Economic Development and its commercial license being issued.
Furthermore, as a result of the identity of the executive decision-makers of MIC having only just recently been disclosed, we in turn, have only recently been able to obtain the requisite authority within which to submit this application for and on behalf of MIC. Additionally, the timing of the filing can also partially be attributed to the mechanics of incorporating an Emiri decree company (i.e. a company based on a sovereign act) pursuant to the laws of the United Arab Emirates.