pursuant to article 1017(3) of the Dutch Code of Civil Procedure, at the request and instruction of the Amsterdam Court of Appeal (the "Court").
This notice is addressed to all natural and legal persons that purchased or held Fortis shares at any time between 28 February 2007 close of business and 14 October 2008 close of business (referred to as the "eligible shareholders").
Binding declaration of the Agreement
The Court has declared the settlement agreement entered into between Ageas (formerly Fortis), Dutch Investors’ Association (VEB), Deminor, SICAF, FortisEffect and Stichting FORsettlement (the "Agreement") to be irrevocably binding in a judgment of 13 July 2018.
Content of the Agreement
Under certain conditions, the Agreement grants the eligible shareholders compensation in connection with the events that occurred in 2007 and 2008 at what was formerly Fortis (now Ageas). These are events that may have affected the price of the shares, in particular Fortis’ communication (or lack thereof) and policy with regard to its financial position, the run-up to the break-up of Fortis and the takeover of ABN AMRO, as described in greater detail in the Agreement.
Consequences of binding declaration
As the Court has declared the Agreement binding, all eligible shareholders are, in principle, bound by the Agreement. The Agreement entitles the eligible shareholders to compensation under the conditions set out therein. In return, the eligible shareholders grant full and final discharge to Ageas, the (former) officers of Ageas and the coordinating banks in the manner set out in the Agreement for the events that occurred at Fortis in 2007 and 2008.
All those wishing to be eligible for compensation under the Agreement must submit a claim form. A claim form can be downloaded from the website www.forsettlement.com or can be requested by telephone via the numbers listed below (see under "Additional information and contact"). The fully completed and signed claim form (along with the evidence requested) must be sent to the Claims Administrator at the postal address mentioned below (see under "Additional information and contact”) or via the website www.forsettlement.com. The claim form may be filed as from 27 July 2018 and must be received by the Claims Administrator no later than on 28 July 2019 or bear the postmark of that date. Eligible shareholders failing to timely submit a claim form in the prescribed manner are not or no longer entitled to compensation. Additional information on submitting the claim form can be found on the claim form and in the corresponding instructions.
If an eligible shareholder does not wish to be bound by the Agreement, that shareholder must deliver a notice to that effect (an "opt-out notice") to the Claims Administrator within five months, i.e. no later than on 31 December 2018. Eligible shareholders who validly submit an opt-out notice are not bound by the Agreement, nor are they entitled to compensation pursuant to the Agreement nor may they derive any other right from the Agreement.
An opt-out notice may be submitted to the Claims Administrator electronically via the email address [email protected] or by post at the postal address mentioned below (see under "Additional information and contact").
For an opt-out notice, eligible shareholders are requested to use the opt-out notice form that can be downloaded from www.forsettlement.com or requested by telephone via the numbers indicated below (see under "Additional information and contact"). The opt-out notice must include the name, address, telephone number and email address of the eligible shareholder. In addition, eligible shareholders are requested to indicate the number of Fortis shares they held on certain dates listed in the Agreement and to state whether they are represented by VEB, Deminor, SICAF and/or FortisEffect.
Additional information and contact
The Court's judgment in which the settlement was declared binding and the Agreement can be accessed, downloaded and printed at www.rechtspraak.nl (via the search term "WCAM Fortis") and www.forsettlement.com. The latter website also provides other relevant documentation. We urge you to consult www.forsettlement.com to keep up to date on further communications.
The Claims Administrator's postal address is:
Computershare Investor Services plc PO Box 7148
3109 AC Schiedam
Computershare Investor Services plc PO Box 304
For answers to frequently asked questions, please visit www.forsettlement.com/page/support. Please contact the FORsettlement Contact Centre via the contact form at www.forsettlement.com/page/contact or via the telephone numbers below if you have further questions:
Belgium: 0800 26 83 2
The Netherlands: +31 30 252 53 59
International: +32 2 557 59 00