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Bad Oeynhausen (euro adhoc) – – OLG Hamm confirms Independence of Supervisory
Board Chairman Dr. Michael Naschke
Bad Oeynhausen/Hamm, 6 February 2012 – Octavian Special Master Fund L.P., a
U.S.-American hedge funds, failed in court with the attempt to have the
supervisory board chairman Dr. Michael Naschke be dismissed as chairman of the
upcoming extraordinary general meeting.
The Higher Regional Court (OLG) Hamm confirmed the decision of the court of
first instance, the Local Court Bad Oeynhausen, and dismissed the motion (file
number I-27 W 21/12). The decision is final.
The OLG Hamm ascertained that there is no reason for any doubts ‘that the
chairman of the supervisory board will conduct the meeting dutifully and without
any impairment of the rights of the petitioner (i.e. Octavian, n.b.) or any
Also the fact that the supervisory board chairman adopted ‘certain positions’
relating to the agenda items of the meeting, did not allow for the conclusion
Dr. Naschke would not act as independent and neutral chairman of the meeting.
The extraordinary general meeting takes place by request of Octavian. The hedge
funds, which notified to hold 5.22 % of the voting rights in Balda AG, demands
the dismissal of the current three supervisory board members and proposes its
own three candidates.
Company profile of Balda AG
The Balda Group develops and produces complete plastic assemblies, electronic
products and products for the medical technology industry. Balda´s
customers are leading companies in the pharmaceutical, medical technology,
consumer electronics electronic communications and mobile phone markets.
The Group is internationally positioned with production sites in Germany and
Malaysia. A subsidiary in the USA operates in product design and development.
Within the scope of its shareholding in a leading touchscreen manufacturer in
China, Balda is participating in the dynamic development of the touchscreen
This Corporate News announcement contains forward-looking statements, which are
based on the current expectations of Balda´s management. They therefore contain
a range of risks and uncertainties because they relate to future events and
depend on circumstances that will occur in the future, such as, for example,
developments in the mobile communications industry, changes in technology and
the ability to timely and successfully develop new products and various other
factors. Balda will neither revise these forward-looking statements nor correct
them in the event of any unexpected development, unless there is a legal
obligation to do so.
This Corporate News announcement represents neither an offer to buy shares nor
an invitation to submit an offer to buy shares in the United States or any other
country. The shares in Balda AG (the ‘shares’) may not be offered or sold in the
United States or to or for the account of U.S. persons (as defined in Regulation
S of the U.S. Securities Act of 1933, in its current version (the ‘Securities
Act’)), unless they are registered or are exempt from registration under the
Securities Act. The shares have not been and will not be registered under the
Further inquiry note:
Frank Elsner Kommunikation für Unternehmen GmbH
Tel.: +49 – 54 04 – 91 92 0
Fax: +49 – 54 04 – 91 92 29
company: Balda AG
Bergkirchener Str. 228
D-32549 Bad Oeynhausen
phone: +49 (0) 5734 9 22-0
FAX: +49 (0) 5734 922-2747
sector: Semiconductors & active components
indexes: CDAX, Prime All Share
stockmarkets: free trade: Berlin, München, Hamburg, Düsseldorf, Stuttgart,
regulated dealing/prime standard: Frankfurt