5.4 Profit appropriation
In accordance with article 43 of association
Paragraph 1
Every year, the Board of Directors decides, with the Supervisory Board’s prior approval, how much of the profit - the positive balance of the statement of profit or loss - will be transferred to the reserves.
Paragraph 2
From the profit after transfer to reserves as per article 43.1, dividend is paid on preference shares at a rate that equals the sum of the weighted averages of the European Central Bank’s deposit rate - weighted based on the number of days for which payment is awarded - plus three per cent (3%). The dividend on preference shares is calculated on the paid-up part of the nominal amount. If in any one year the profit is not sufficient to pay the dividend on preference shares as specified in the first sentence of this paragraph, as much of the deficit as possible will be charged to the freely distributable part of the shareholders’ equity.
Paragraph 3
The remaining amount will be paid as dividend on ordinary shares.
Paragraph 5
In case of a loss in any one year, no dividend will be paid for that year. Also in subsequent years, dividend can be paid only after the loss has been made up by a profit.
The annual general meeting can, however, following a proposal to that effect by the Board of Directors, with prior permission from the Supervisory Board, decide to offset such a loss against the distributable part of the shareholders’ equity.