100 % FUTURE - ALNO

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agreeing a settlement cap as requisite. Rather, it is convinced that the Supervisory Board will act in the
company’s interest when a Managing Board member leaves the company, and that it will not grant an
inappropriate settlement. A divergence from Item 4.2.3 (4) of the Code is notified for this reason. To this
extent, ALNO AG’s declarations of compliance from the years 2008 and 2009 have been amended.
• A remuneration report (Code Item 4.2.5 (1) Sentence 1) was prepared. This is published in the
notes to the consolidated financial statements in the annual report, since it relates to compulsory
information in the notes to the consolidated financial statements within the meaning of Section 314
(1) No. 6 of the German Commercial Code (HGB). For this reason, the remuneration report does
not form part of the corporate governance report. The corporate governance report nevertheless
refers to the remuneration report in the notes to the consolidated financial statements.
• According to Item 5.3.3 of the Code, the supervisory board should form a nomination committee
that proposes appropriate candidates to the supervisory board for its election proposals to the
general meeting. The company’s Supervisory Board has not formed such a committee since,
according to the experience it has gained to date, it does not regard this as necessary in order to
propose appropriate candidates.
• With the new version of the Code of May 26, 2010, new recommendations were introduced into
Item 5.4.1 (2) and (3) of the Code, whereby the supervisory board should state specific targets
for its composition, which, when taking into account its specific corporate situation, reflect the
company’s international activity, potential conflicts of interest, a fixed age limit for supervisory board
members, and diversity. These specific targets should include the appropriate involvement of women,
in particular. Supervisory board proposals to the relevant elective bodies should take these targets
into account. The objectives and the status of implementation should be published in the corporate
governance report. The Supervisory Board of ALNO AG has already in the past provided a specific
target relating to the maximum age of its members. As of the date of the issuing of this declaration of
compliance, the Supervisory Board is still conducting an internal examination of which further specific
targets mentioned in Item 5.4.1 (2) of the Code are important for the composition of the Supervisory
Board given ALNO AG’s specific situation. Following the conclusion of this internal analysis, the
Supervisory Board may formulate further specific objectives for its composition – particularly relating
to an appropriate involvement of women. To this extent, provisional divergence from Item 5.4.1 (2)
of the Code is declared. With regard to the internal discussion that is still ongoing at the time when
this declaration of compliance is issued, as to whether and which objectives above and beyond the
age limit should be determined, no further targets can yet be taken into consideration in any election
proposals. It is also not yet possible to make a corresponding report in the Corporate Governance
Report. For this reason, provisional divergence from Item 5.4.1 (3) of the Code is also declared.
• The Supervisory Board members receive no performance-related remuneration (Code Item 5.4.6
(2) Sentence 1). ALNO AG believes there is no current necessity to change this in view of the
Supervisory Board’s controlling and monitoring function. The remuneration paid by ALNO AG to
the Supervisory Board members for services personally rendered is published in the notes to the
consolidated financial statements in the annual report, and is consequently not included in the
Corporate Governance Report (Code Item 5.4.6 (3) Sentence 2).
• The consolidated financial statements are not yet published within 90 days after the end of the
fiscal year, and the interim reports are not yet published within 45 days of the end of the period
under review (Code Item 7.1.2 Sentence 3). The company intends to bring its consolidated financial
statements and interim reporting more into line with these periods.
Düsseldorf, October 7, 2010
For the Managing Board
For the Supervisory Board
Max Müller
Henning Giesecke