General Shareholders Meetings

See recordings from the General Meeting of Shareholders.

Pursuant to Article 406¹ par. 1 of the Commercial Companies Code, persons who are shareholders of a company sixteen days before the date of an General Meeting of Shareholders (the day of registration of participation in the meeting) have the right to participate in the company’s general meeting of shareholders.
In order to ensure participation in the General Meeting of Shareholders, a shareholder whose entitlement stems from dematerialised bearer shares should demand – no earlier than after the announcement of the General Meeting of Shareholders and no later than on the first business day after the registration of participation – from the entity maintaining the securities market, an individual certificate of the right to participate in the General Meeting of Shareholders of ENEA S.A. Certificates of the right to participate in the General Meeting of Shareholders will be the basis for drawing up lists provided to the entity maintaining the securities depository pursuant to provisions on trading in financial instruments.
The list of shareholders entitled to participate in the General Meeting of Shareholders will be displayed at the Company’s registered office in Poznań at 8 Pastelowa street three business days before the date of the Meeting between 8:00 a.m. and 3:00 p.m. in room 423. A request may be submitted in electronic form to wz@enea.pl.

A shareholder may participate in the General Meeting of Shareholders of ENEA S.A. and exercise voting rights in person or by proxy. Proxies of legal persons must present current copies of appropriate registers that list the persons entitled to represent these entities.

A proxy may exercise all of the shareholder’s rights at the General Meeting of Shareholders of ENEA S.A., unless the proxy statement states otherwise. A proxy may grant further proxies, if so entitled by the proxy statement. A proxy may represent more than one shareholder and vote differently under the shares of each of those shareholders. A shareholder who has shares recorded on more than one securities account will be able to establish separate proxies to execute rights attached to the shares on each of these accounts.

A proxy statement authorising participation in the General Meeting of Shareholders of ENEA S.A. and the exercising of voting rights must be granted in writing or in electronic form. From the day of publication of this announcement on its website, the Company will provide, for download, a form containing a specimen proxy statement in electronic form. The Company must be notified by means of electronic communication regarding the granting of a proxy in electronic form. A shareholder must send, together with the notice regarding the granting of a proxy, a scan of the proxy statement and a scan of the ID card, passport or other document making it possible to identify the shareholder as the principal and to identify the proxy. If the proxy is granted by a legal person (within the meaning of Article 33 of the Civil Code) or an organisational unit (within the meaning of Article 33¹ of the Civil Code), the shareholder as the principal must also send a scan of an extract from the register in which the principal is registered. If the proxy is granted by a legal person or an organisational unit (within the meaning of Article 33¹ of the Civil Code), the shareholder as the principal must also send a scan of an extract from the register in which the principal is registered. Documents provided by electronic means that have not been prepared in Polish must be translated into Polish by a sworn translator. All the above-mentioned documents must be sent to wz@enea.pl. A shareholder sending a notice about the granting of a proxy must at the same time provide the Company with an email address, by the use of which the Company will be able to communicate with the shareholder and its proxy. The Company may take appropriate steps to identify the shareholder and the proxy. Verification may in particular consist of a request for confirmation by telephone or email from the shareholder and proxy in order to confirm the granting of the proxy.

The principles for notices regarding proxies and the identification of proxies and principals apply as appropriate to notifying the Company regarding the cancellation of a proxy. Notices regarding the granting and cancellation of proxies that do not conform to the requirements indicated above will not produce legal consequences with regard to the Company.

The choice of the method of granting a proxy is up to the shareholder, and the Company will bear no liability for errors in filling out the proxy form or the actions of persons acting pursuant to proxy statements. The provision of the above documents by electronic means does not waive the obligation for the proxy to present, during the preparation of the attendance list of persons authorised to participate in the General Meeting of Shareholders of ENEA S.A., documents allowing him/her to be identified.

A shareholder or shareholders of the Company representing no less than one-twentieth of the share capital are entitled to request the placement of particular matters on the agenda of the General Meeting of Shareholders of ENEA S.A.. Such a request, containing a justification or a draft resolution regarding the proposed item of the agenda, must be submitted to the Management Board of ENEA S.A. no later than 21 days before the announced date of the meeting. The request may be submitted in electronic form to wz@enea.pl, or in writing to:

The Management Board of ENEA S.A.
8 Pastelowa street, 60-198 Poznań

Before the date of the General Meeting of Shareholders of ENEA S.A., a shareholder or shareholders of the Company representing no less than one-twentieth of the share capital may submit draft resolutions regarding matters placed on the agenda of the General Meeting of Shareholders or matters that are to be placed on the agenda. Such submissions may be made in electronic form to wz@enea.pl, or in writing to: The Management Board of ENEA S.A., 8 Pastelowa street, 60-198 Poznań.
During the General Meeting of Shareholders each shareholder may submit draft resolutions regarding matters placed on the agenda. Such drafts must be presented in Polish.

Electronic communication

As the Company’s Statute does not allow participation and making statements during the General Meeting of Shareholders by means of electronic communication, the Management Board would like to announce that it will not be possible to participate or to vote at the General Meeting of Shareholders in this manner. The Management Board of ENEA S.A. would also like to announce that for similar reasons it will not be possible to submit votes by post.

Access to documentation

The full text of the documentation to be presented at the General Meeting of Shareholders together with draft resolutions will be published on the Company’s website from the day on which the General Meeting of Shareholders is announced. Comments by the Management Board and Supervisory Board of ENEA S.A. regarding matters placed on the agenda of the General Meeting of Shareholders or matters that are to be placed on the agenda before the date of the meeting will be available on the Company’s website without delay after they have been prepared.
Information regarding the General Meeting of Shareholders is available at www.enea.pl under the Investor Relations tab.

General Meetings of Shareholders of ENEA S.A. are held on the basis of the Commercial Companies Code and the Statute of ENEA S.A. as well as the Regulations of the General Meeting of Shareholders.

New rules for convening and participating in general meetings of shareholders stem from an amendment of the Commercial Companies Code that came into force on 3 August 2009 as a result of the transposition of Directive 2007/36/EC of the European Parliament and Council of 11 July 2007 on the exercise of certain rights of shareholders in listed companies.

The right to participate in the General Meeting of Shareholders

Pursuant to Article 406¹ par. 1 of the Commercial Companies Code, persons who are shareholders of a company sixteen days before the date of an General Meeting of Shareholders (the day of registration of participation in the meeting) have the right to participate in the company’s general meeting of shareholders.
In order to ensure participation in the General Meeting of Shareholders, a shareholder whose entitlement stems from dematerialised bearer shares should demand – no earlier than after the announcement of the General Meeting of Shareholders and no later than on the first business day after the registration of participation – from the entity maintaining the securities market, an individual certificate of the right to participate in the General Meeting of Shareholders of ENEA S.A. Certificates of the right to participate in the General Meeting of Shareholders will be the basis for drawing up lists provided to the entity maintaining the securities depository pursuant to provisions on trading in financial instruments.
The list of shareholders entitled to participate in the General Meeting of Shareholders will be displayed at the Company’s registered office in Poznań at 8 Pastelowa street three business days before the date of the Meeting between 8:00 a.m. and 3:00 p.m. in room 423. A request may be submitted in electronic form to wz@enea.pl.

As the Company’s Statute does not allow participation and making statements during the General Meeting of Shareholders by means of electronic communication, the Management Board would like to announce that it will not be possible to participate or to vote at the General Meeting of Shareholders in this manner. The Management Board of ENEA S.A. would also like to announce that for similar reasons it will not be possible to submit votes by post.

The full text of the documentation to be presented at the General Meeting of Shareholders together with draft resolutions will be published on the Company’s website from the day on which the General Meeting of Shareholders is announced. Comments by the Management Board and Supervisory Board of ENEA S.A. regarding matters placed on the agenda of the General Meeting of Shareholders or matters that are to be placed on the agenda before the date of the meeting will be available on the Company’s website without delay after they have been prepared.
Information regarding the General Meeting of Shareholders is available at www.enea.pl under the Investor Relations tab.

Detailed information on personal data processing by ENEA S.A.

1. Personal Data Controller.

The controller of your personal data will be ENEA S.A. with its registered office in Poznań (60-198 Poznań), ul. Pastelowa 8 (hereinafter “ENEA”).

2. Data Protection Officer.

For any questions regarding protection of your personal data, you may contact the Data Protection Officer at e-mail address: esa.iod@enea.pl or in writing to the address of the registered office of ENEA S.A., ul. Pastelowa 8, 60-198 Poznań.

3. The scope of processing of personal data during the General Meeting of Shareholders

ENEA S.A. processes the following of your personal data (if applicable in your case):

a) identifying data (e.g. first name, surname, address, serial number of the ID document, name of the shareholder’s form and place of conducting business – in the case of sole proprietors),

b) contact data (e.g. address, e-mail address),

c)data associated with the exercise of rights from shares held (e.g. first name, surname of the owner, company name, owner’s address),

d) identifying data provided by the individuals providing services during the General Meeting of Shareholders,

e)image of natural persons present during the meeting in a situation where it can be used to determine the identity of the person attending the General Meeting of Shareholders.

4. Source of personal data.

a) for the shareholders, shareholder representatives or their proxies: ENEA S.A. has received your personal data from authorized entities, including, among others, Krajowy Depozyt Papierów Wartościowych S.A., in connection with your expressed intention to participate in the General Meeting and exercise your voting rights pursuant to Article 406 ³ 1,2,3 and 5 of the Commercial Company Code,

b)for the persons providing services during the General Meeting: ENEA S.A. has received your data, i.e. the first name and surname and/or image through transmission and video and audio recordings made during the course of the General Meeting of Shareholders.

5. Purposes of the processing and the legal basis for the processing.

ENEA S.A. intends to process your personal data for the purposes of broadly defined assurance of legal certainty for the shareholders in connection with the convention and broadcasting of the General Meeting of Shareholders of ENEA S.A. and the performance of obligations arising from the Code of Best Practice for WSE Listed Companies issued by the Warsaw Stock Exchange, including for the purpose of:

a) enabling you to participate in the General Meeting of Shareholders of ENEA S.A. (legal basis: Article 6 sec. 1 (c) of GDPR – for compliance with a legal obligation– 406³ 1,2,3 and 5 CCC),

b) ensuring the correct performance of tasks related to services rendered for natural persons holding ENEA S.A. shares (legal basis: Article 6 sec. 1 (c) of GDPR – for compliance with a legal obligation – 407 § 1,1¹ and 2 CCC),

c) fulfilling a disclosure obligation (legal basis: Article 6 sec. 1 (c) of GDPR – for compliance with a legal obligation – the Act of 29 July 2005 on public offering and the terms and conditions for introducing financial instruments to an organized trading system and on public companies);

d) fulfilling a disclosure obligation (legal basis: Article 6 sec. 1 (c) of GDPR – for compliance with a legal obligation – Regulation issued by the Minister of Finance on 29 March 2018 on the Current and Periodic Information Transmitted by Securities Issuers and the Conditions for Recognizing the Information Required by the Regulations of a Non-Member State as Equivalent,

The data processed for purposes referred to in (a) to (d) above will be processed only during the term of the obligation to store them for the purposes specified above that are consistent with the generally applicable law.

e) documenting the course of the General Meeting of Shareholders by recording its proceedings (legal basis Article 6 sec. 1(f) GDPR – for the purposes of the legitimate interests pursued by the controller, i.e. maintaining high standards of communication with the capital market - until the activity of the controller ends),

f) archiving, to the extent necessary to perform legal obligations, in particular tax regulations, accounting regulations – for a period set forth in such regulations (legal basis: Article 6 sec. 1 (c) of GDPR – for compliance with a legal obligation),

g) for possible litigation related to shareholder rights – for the duration of the proceedings and the limitation period of potential claims (legal basis: Article 6 sec. 1 (f) of GDPR – performance of rights and duties in the event of a possible litigation).

6. Information on profiling.

ENEA S.A. does not profile your personal data.

7. Automated decision-making.

ENEA S.A. does not engage in automatic decision-making with respect to profile your personal data.

8. Personal data retention period.

ENEA S.A. will retain your personal data for the period specified in item 5, depending on the specified purpose of processing.

9. Recipients of your personal data.

The expected recipients of your personal data include:

a)entities and persons authorized to receive your personal data under applicable laws (i.e., among others, other shareholders, the Polish Financial Supervision Authority, the Warsaw Stock Exchange),

b) persons visiting the controller’s website, on which the broadcast will be provided and recordings of the proceedings of the General Meeting of Shareholders will be posted,

c) entities providing services that require access to data, including: legal, financial, bookkeeping, advisory, consulting, audit, accounting services,

d) entities handling shareholder registration services, voting services and entities operating ITC systems and providing IT services,

e) entities conducting postal or messenger activities,

f) to the extent it is necessary to achieve the purpose of the processing of your personal data.

10.Transmission of data outside the European Economic Area

ENEA S.A. will not transmit your data outside the European Economic Area.

11. Your rights related to personal data processing.

a) Pursuant to GDPR, you have:

1. the right to access your data and receive a copy thereof;

2. the right to rectify (correct) your data;

3. the right to remove, limit or object to the processing of your data;

4. the right to lodge a complaint with the supervisory authority.

b) Exercise of the rights.

In order to exercise the above rights please contact the controller or Data Protection Officer at ENEA S.A. (contact details are provided in items 1 and 2 above).

c) Right to object.

To the extent your data are processed on the basis of our legitimate interest, you have the right to object to the processing of data on grounds relating to your particular situation.

d) Right to lodge a complaint with the authority.

You also have the right to lodge a complaint with the regulatory authority responsible for personal data protection, i.e. the President of the Personal Data Protection Office.