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annual report 2009 - bei der Hamborner REIT AG

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to our sHareHol<strong>der</strong>s management <strong>report</strong> Financial statements supplementary inFormation<br />

Adoption of the <strong>annual</strong> financial statements in accordance with HGB and IFRS<br />

On March 23, 2010 the <strong>annual</strong> financial statements for <strong>2009</strong> were dealt with at length with<br />

the participation of the auditor, initially in the Audit Committee and then at the Supervisory<br />

Board meeting. In preparation, all members of the Supervisory Board received copies of the<br />

audit <strong>report</strong>s early. The certifying auditors <strong>report</strong>ed at length on the audit results and were<br />

available to the Supervisory Board to answer supplementary questions and provide information.<br />

The Supervisory Board thoroughly examined and discussed the <strong>annual</strong> financial statements<br />

un<strong>der</strong> commercial law and the individual IFRS financial statements of the company<br />

in accordance with Art. 325 Para. 2a of the German Commercial Code [HGB]with the integrated<br />

management <strong>report</strong> and the proposal for the appropriation of profits. There were no<br />

objections, with the result that the Supervisory Board approved the HGB and IFRS financial<br />

statements for <strong>2009</strong> at its meeting on 23 March 2010. As a result, the <strong>2009</strong> <strong>annual</strong> financial<br />

statements prepared by the Managing Board un<strong>der</strong> commercial law have been adopted.<br />

The Supervisory Board has endorsed the proposal of the Managing Board for the distribution<br />

of the unappropriated surplus.<br />

Unqualified audit certificate of the statutory auditor<br />

The <strong>annual</strong> financial statements of the company as of 31 December <strong>2009</strong> prepared by the<br />

Managing Board in accordance with the rules of the German Commercial Code and the<br />

German Stock Company Act, as well as the financial statements prepared in accordance<br />

with the International Financial Reporting Standards (IFRS) and the integrated management<br />

<strong>report</strong> for both financial statements, as well as the proposal for the appropriation of profits,<br />

were audited by Deloitte & Touche GmbH Wirtschaftsprüfungsgesellschaft, Düsseldorf. The<br />

Supervisory Board had assigned the audit mandate commensurate with the resolution of<br />

the general sharehol<strong>der</strong>s‘ meeting of June 9, <strong>2009</strong> . The statutory auditor granted unqualified<br />

audit certificates for the respective financial statements.<br />

Report on relationships with associated companies<br />

The <strong>report</strong> to be prepared by the Managing Board, pursuant to Art. 312 of the German<br />

Stock Company Act [AktG], regarding the company‘s relationships with associated companies<br />

has been audited by the statutory auditor and furnished with the following unqualified<br />

audit certificate:<br />

“Following our compulsory audit and evaluation, we confirm that<br />

1. the factual details of the <strong>report</strong> are correct,<br />

2. in the case of the legal matters recorded in the <strong>report</strong>, the company's payment<br />

was not unduly high."<br />

The statutory auditor's representatives were also available for further explanation of this<br />

<strong>report</strong> at the Supervisory Board meeting on 23 March 2010. The Supervisory Board<br />

approved the audit result of the statutory auditor after its own review. There were also no<br />

reasons for objections with regard to the statement of the Managing Board at the end of<br />

the <strong>report</strong> regarding relationships with associated companies.<br />

Thank you<br />

The Supervisory Board expresses its gratitude and appreciation to the directors and all<br />

employees for their high personal application, their achievements and continuous commitment.<br />

Thanks are due also to our sharehol<strong>der</strong>s for the confidence shown.<br />

Duisburg, March 23, 2010<br />

The Supervisory Board<br />

Dr. Eckart John von Freyend<br />

(Chairman)<br />

<strong>annual</strong> <strong>report</strong> <strong>2009</strong> | <strong>Hamborner</strong> reit ag 17

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