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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 />

The remuneration of active members of the Managing Board for the <strong>2009</strong> financial year is<br />

made up as follows on the basis of the existing service contracts and the associated, separately<br />

concluded results-related profit-sharing arrangements:<br />

in T€ Fixed<br />

remuneration<br />

Variable<br />

remuneration<br />

Other * Total<br />

Dr. Rüdiger Mrotzek 135 149 28 312<br />

Hans Richard Schmitz 144 150 29 323<br />

Total 279 299 57 635<br />

* Other emoluments include monetary benefits from the personal use of company cars and contributions to<br />

insurance policies.<br />

A lump-sum settlement to the level of the cash value of the fixed remunerations to be paid<br />

up to the normal expiration of the contract is due to both members of the Managing Board<br />

in the event of an early termination of service contracts. According to the recommendations<br />

of the German Corporate Governance Code, the indemnifications are limited to a maximum<br />

of two <strong>annual</strong> remuneration packages including additional benefits.<br />

Also following the recommendations of the German Corporate Governance Code, the profitrelated<br />

(variable) remuneration due to the Managing Board, which is paid out once a year as<br />

a profit-sharing bonus, is primarily dependent on the long-term development of the FFO<br />

from the 2010 financial year. In addition, the development of the NAV and the attainment<br />

of individually agreed targets are included in the calculation. The structure of the Managing<br />

Board remuneration is subject to a periodic review by the Supervisory Board.<br />

The total remunerations of former members of the Managing Board of the company<br />

amounted to €431,000 in the <strong>report</strong>ing year. This includes a residual profit-sharing bonus<br />

for the 2008 financial year paid to a retired member of the Managing Board. The pensions<br />

provisions formed for this group of people amount to €3,547,000 .<br />

Pension commitments<br />

With agreements from July <strong>2009</strong>, an occupational pension scheme was granted to the directors,<br />

with effect from January 1, 2010 and March 1, 2010 respectively, in the form of an<br />

employer-financed defined benefit based on contributions implemented by means of the<br />

covered benevolent fund. The commitment applies for the duration of the service contracts<br />

with a monthly amount of €1,250 each.<br />

Miscellaneous<br />

Loans were not granted to members of the Managing Board by the company. No member<br />

of the Managing Board received benefits or corresponding commitments from a third party<br />

in the past financial year with regard to his activity as a member of the Managing Board.<br />

Remuneration of the Supervisory Board<br />

The remuneration of the Supervisory Board is regulated in Art. 13 of the Articles of<br />

Association. Supervisory Board remuneration is geared to the size of the company, the<br />

functions and the responsibility of the members of the Supervisory Board and depends<br />

significantly on the economic success of the company. The fixed remuneration amounts to<br />

€15,000 and the variable remuneration to €500 per €0.01 by which the undiluted earnings<br />

per share exceed the amount of €0.15. The variable remuneration is limited to twice the<br />

fixed remuneration. The Chairman of the Supervisory Board receives twice the remuneration,<br />

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

59

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