The foundation’s 25% fee does not include tax (for example VAT or withholding tax). If the foundation is required to charge VAT, withholding tax, or any other tax over the realised compensation, these taxes will be deducted from the compensation amount due to the participant.

The exact terms and conditions of participating in the initiative are laid down in the participation agreement with the foundation.

Of course, in the event of a settlement, the foundation will do its best during to negotiate that any taxes due will be included in the settlement amount, i.e. that those costs will be borne by EY.

Certainly, individuals who purchase shares through a Kauf aus Sparplan can indeed register their shares with the platform. In the case of share purchases from savings plans, the usual calculation of damages applies – as in the other cases. However, any eventual credits must also be taken into account here to reduce the damage.

According to our current guidelines, we cannot register options as it is not one of the eligible financial instruments listed on the foundation's homepage. However, any purchases or sales of shares that were made due to obligations from call options can be registered. Important, if you closed the option without it executing, the option cannot be registered on the platform.

It's crucial to note that only those Wirecard instruments that adhere to the specific ISIN/WKN parameters are considered eligible on our platform. This rule applies even if the shares have been "converted." Therefore, any share not meeting these parameters, despite its conversion, isn't eligible for registration.

No, because only the entirety of the holders of the shares can assert the claim arising from the share. If someone only owns fractions of a share, he cannot assert the claims arising from this.

No, because the double lis pendens under German law is an obstacle here. In Germany, claims can only be filed once in court.

We do not expect the spin-off of EY's accounting business to have any impact on our foundation solution, especially since the spin-off has been stopped currently. This follows from the fact that our action is directed against both EY Germany and EY Global, so that we are making a claim against both companies here.

The receivable contribution is calculated according to FIFO. Tax refunds are not taken into account here.

If someone has filed their claim in the insolvency table, this does not prevent the foundation from filing an action. Investors who have joined the insolvency proceedings against Wirecard can (and should) also join the Foundation's initiative against EY. The two proceedings are not exclusive of each other. However, the situation is different if a person has registered with the model proceedings. Registration with the KapMuG and registration with the Foundation are mutually exclusive. However, it is a different matter if one is registered with the model proceedings. Registration with the KapMuG and registration with the Foundation are mutually exclusive. If the registered participant registers with KapMuG anyway, there is a risk of double lis pendens as well as the possibility of being liable for damages or being stuck with the costs of the KapMuG. Therefore, one must decide which procedure to give priority to.

If someone has filed their claim in the insolvency table, this does not prevent the foundation from filing an action. Investors who have joined the insolvency proceedings against Wirecard can (and should) also join the Foundation's initiative against EY. The two proceedings are not exclusive of each other. However, it is a different matter if one is registered with the model proceedings. Registration with the KapMuG and registration with the Foundation are mutually exclusive.

Unfortunately, derivatives (in particular certificates, bonds of other issuers) as well as options cannot be taken into account in the Foundation's lawsuit. This follows from the fact that the Foundation, in the context of its joint action, i.e. the grouping of thousands of plaintiffs in one action, is necessarily dependent on the fact that, with regard to the presentation of the facts, it is possible to fall back on a presentation that is generally valid for each plaintiff. This unified representation is already threatened if investors were invested in shares of Wirecard AG on the one hand and in certificates on the other hand. In addition, there was an almost unmanageable variety of different certificates with the most diverse functions on the market. It follows from this that already the group of investors in certificates cannot be represented uniformly.

The participant only has to pay the 25% in case of success. These will be deducted from the awarded amount.

The 25% is not awarded separately, so this question does not arise. The 25% will be deducted from the total amount awarded to the registrant in case of success. Therefore, paying the 25% depends on the amount that the participant receives in total. If the registered participant does not receive anything, he does not have to pay the 25%.

The foundation is working with German law firm Nieding+Barth.

As part of the online registration process, you will be asked to digitally sign several documents (Participation Agreement and power of attorney. Next to this, you are asked to also provide a hardcopy power of attorney (POA) authorizing Nieding+Barth to represent you in court against EY. The Nieding+Barth POA must be printed and signed by original “wet ink” signature (see also the FAQ under “What are the terms and conditions for registering as a participant?”)

If you have already sent Nieding+Barth a signed POA via post before going through the online registration platform, it is not necessary to do this again.

Yes, registration is open to all investors who held eligible Wirecard securities in the relevant period (see the FAQ under “Who can register with the foundation?”).

No, there is not a minimum amount of damages that an investor must have suffered in order to register with the Foundation.

Once you have completed the registration process, the Foundation will estimate your damages according to its damage-calculation model based on the documentation you have provided. The model has been developed in close consultation with a renowned financial advisory firm. The foundation will share the results of the damage estimation through a personal e-mail as soon as possible.

In order to validate (the value of) your claim, the foundation requires documentation verifying that you held Wirecard Securities in the relevant period (7 April 2015 to 18 June 2020). For an overview of eligible securities, please see the “frequently asked questions” (FAQ) on the foundation’s website, under “Who can register with the foundation?”.

Investors are asked to provide this information/documentation in two steps as part of the online registration process.

Step 1: Providing a complete overview of your position as a (former) Wirecard investor

As part of the registration process, you will first be asked to provide details relating to your transactions related to eligible Wirecard securities. Please list all transactions (buy and sell), including any transactions that occurred outside (before or after) the relevant period. The foundation needs a complete overview of your position as a (former) Wirecard investor.

You can enter the details of these transactions (type of security; date of sale/purchase; amount of securities, price per security; and transaction fees) into the registration platform one by one.

CSV export data

Only if you made many different transactions (i.e. more than 15 different transactions), instead of listing all your transactions one by one, the online registration platform also allows you to save time by uploading a CSV/spreadheet file (in pdf) which lists the details of all your transactions.

CSV stands for comma separated values. It is a common format used to list investment data, such as sales/purchases of securities. Most banks/brokers allow their clients to download or export investment data in CSV-format.

If your bank/broker does not allow you to export your transaction data in CSV format, it is still possible to fill in the details for each transaction one by one in the registration platform.

Step 2: Uploading proof of your transactions

Once you have provided the details about all of your transactions (see above) you will have to provide proof of those transactions:

• In any case, the foundation requires receipts for each of the listed transactions.

• If possible, the foundation would also like to receive a recent securities account statement from your bank/broker showing your current position as a (former) Wirecard investor. But this is not mandatory.

The documents can be uploaded as part of the online registration process.

Viewing/amending your transaction data/documentation

Once you have completed your registration, it is always possible to view your registration data and, if necessary, add transactions and upload additional documentation. It is not possible to delete data/documentation you have already uploaded.

If you have accidentally uploaded the wrong documents, this is not a problem. In that case we ask that you upload the correct documents additionally.

Injured Wirecard investors may register with the foundation free of charge. All costs (including legal costs for litigation and/or settlement) are borne by the foundation. In order to finance the initiative the foundation has obtained external funding from a professional third-party litigation funder.

The foundation’s services to participants are provided on a “no-cure-no-pay” basis. This means that the Foundation will only receive a fee if the Foundation is successful in obtaining compensation for the participants.

In the event of a settlement or successful litigation against EY, the compensation will be split between the injured Wirecard investors (75%) and the foundation (25%). The foundation’s fee of 25% of the compensation will be used to cover the foundation’s costs. This for instance includes legal and other advisory costs, as well as the satisfaction of the third-party funder’s return on investment. The exact terms and conditions of participating in this initiative will be laid down in a participation agreement with the foundation.

The foundation itself is strictly a non-profit organisation.

In order to successfully register, you need to enter into a participation agreement with the foundation. The participation agreement contains the terms and conditions of registering with the foundation.

In addition to the participation agreement, you need to sign two powers of attorney:

1. one power of attorney authorizing the foundation to conclude a settlement with EY on your behalf; and
2. one power of attorney authorizing the German law firm Nieding+Barth, which is advising the foundation, to initiate legal proceedings on your behalf in the event that EY is not willing to reach a settlement.

Signing the participation agreement and power of attorney to the foundation (electronic)

The participation agreement and the power of attorney to the foundation will be signed electronically during the online registration process.

As part of the online registration process, you will be asked to draw a digital signature (using your mouse or, if you are using a touchscreen, your finger) which will be pasted into the participation documentation.

It is not necessary to print and sign the participation agreement and/or the power of attorney to the foundation in “wet ink”.

Signing the power of attorney to Nieding+Barth (“wet ink”)

The power of attorney for Nieding+Barth must be printed out and signed with a handwritten “wet ink” signature. This is a necessary step to ensure that Nieding+Barth can successfully represent you in court. If your Wirecard securities are/were held on a securities account held by more than one person, please make sure that the names and signatures of all securities account holders are on the power of attorney.

Once the registration is complete, we will ask you to print, sign and send (only) this power of attorney to Nieding+Barth (a scanned version by e-mail, and the original by post). The correct address (e-mail and post) can be found on the signature pages of the power of attorney to Nieding+Barth.

Please send Nieding+Barth the entire power of attorney (five pages). It is not sufficient to print and sign only the signature page of the power of attorney.

Please note that you only need to print, sign and send the power of attorney to Nieding+Barth once. If you have already done this before going through the online registration process, it is not necessary to do this again.

It is not necessary to print and sign any other documents in “wet ink”.

Investors who have joined the insolvency proceedings against Wirecard can (and should) also register with the foundation’s initiative against EY. The foundation does not believe that the insolvency proceedings will provide injured Wirecard investors with meaningful compensation for their damages. This is illustrated by the fact that a German court in first instance recently ruled that a Wirecard shareholder (Union Investment) could not submit its claims against the Wirecard insolvency estate. For completeness’ sake, we note that Union Investment has appealed the decision.

The insolvency proceedings are conducted independently from the Foundation’s initiative. A registration in the insolvency proceedings is neither required nor an obstacle for a participation in the foundation’s solution.

Present and former holders of the following securities issued by (or on behalf of) Wirecard that were acquired or held in the period 7 April 2015 up to and including 18 June 2020 may register with the foundation through the online registration platform:

Wirecard share
WKN:                     747206
ISIN:                      DE0007472060

Wirecard ADR
CUSIP:                  97654L108 US
ISIN:                  US97654L1089

Wirecard bond
WKN:                     A2YNQ5
ISIN:                       DE000A2YNQ58
CUSIP:                  ZR4792175

Wirecard convertible bond (issued by Argentum Netherlands B.V.)
WKN:                     A2R8E6
ISIN:                      XS2055754217

18 June 2020 is the day Wirecard publicly confirmed for the first time that its accounts were fraudulent.

Is there a minimum amount of damages for an investor to register with the foundation?

No, there is not a minimum amount of damages that an investor must have suffered in order to register with the Foundation.

Once you have completed the registration process, the Foundation will estimate your damages according to its damage-calculation model based on the documentation you have provided. The model has been developed in close consultation with a renowned financial advisory firm. The foundation will share the results of the damage estimation through a personal e-mail as soon as possible.

What if I held other securities (certificates/derivatives/etc.) related to Wirecard?

Unfortunately, the foundation is currently not able to accept registrations of claims related to other Wirecard securities than the four securities listed above. We will publish more information on this issue at a later date.

In cases where persons register with a general power of attorney or a general power of attorney with care directive in order to make claims on behalf of the person being cared for, the caregivers must transmit the general power of attorney or the general power of attorney with care directive. This is considered proof that the person can assert the claims.
Step by step how to register.

Unfortunately, with the amount of participants and plaintiffs, it is not possible to include non-digital documents. For reasons of completeness and simplification with more than ten thousand claimants, it is mandatory to register digitally and upload the documents in the portal.

If the Wirecard securities in question are part of an (undivided) inheritance, further documents are required in addition to the usual documents (see also the FAQ question 'What information/documents do I need to submit to prove my claim') in order to assert an heir's claim. In order to prove that the Wirecard Securities were inherited, the heir would need to submit either (i) a certificate of inheritance or (ii) the court order granting probate and the notarized will. If the Wirecard securities belong to an undivided community of heirs, the participation agreement and the powers of attorney must be signed by all heirs. The reason for this is that the community of heirs as a community of joint heirs has legal capacity and is entitled to make claims. The heirs can only jointly choose the foundation solution.

Step by step how to register.

Since children themselves are parties who are represented only by their parents, they must be registered themselves with a separate email address. Until now, there was an age limit of 18 years for registration on the Foundation page. Therefore, parents previously had to "age up" their children and make this clear with an email. This age limit has now been removed, so that minors can also register regularly with the correct age. When signing the power of attorney, it is important to ensure that both parents with parental authority sign the document. Furthermore, the child's birth certificate must also be uploaded to the portal under the first claim as proof of legitimacy, so that it can be verified that the parents may sign the power of attorney. In addition, a copy of the child's identification document must be uploaded.

Step by step how to register.

Sure, please notify us per e-mail on [email protected] with the e-mail address you registered and which file should be removed. We will remove the file for you.

After uploading your documents you will be able to see a green check of approval with the name of the file and the document. For security reasons it is not possible to view your files.

After you clicked on the encrypted link (see: How can I view my registration) you will be directed to your dashboard. You can upload your data by clicking on ‘Upload evidence’ in the bottom right corner. Each claim can be provided with the necessary documentation. After placing the correct data per claim you can confirm the upload by clicking on “Save”.

After you clicked on the encrypted link (see: How can I view my registration?) you will be directed to your dashboard. You can change the data you entered by clicking on ‘modify registration’. You can change your personal info on the first page. Your transaction data is listed in the next pages. You can change your transaction history or add new transactions by clicking ‘speichern und weitere Transaktion hinzufügen’. After you have finished adding your transactions you can click on “Speichern”. You will be asked to confirm your changes. Your registration is now updated. The changes are now visible in your dashboard.

If you didn’t receive a link, either the e-mail address or the data of birth you provided is not correct. We ask you to enter the e-mail address you used to register with Stichting Wirecard Investors Claim.

The date of birth is entered in the format dd/mm/yyyy. In some cases, registrants accidentally provided a wrong date of birth with Stichting Wirecard Investors Claim. In such cases it is advisable to check the participation agreement we sent you in PDF. The entered date of birth is visible in annex I, II and III. If the date of birth was indeed entered incorrectly, please use the wrong date of birth in order to obtain the encrypted link. You can change your date of birth in your dashboard by clicking ‘change information’.

Of course we can help. Please note that firstly you should always check your SPAM folder. Some mail providers also have subfolders such as ‘promotions’ or ‘social’. You can always search your mailbox for our e-mail address [email protected].

You can view your registration by requesting a new encrypted link. This is done by providing your e-mail address and your data of birth. The encrypted link will be sent to your e-mail address after verification. Consumers can visit this link to view their registration. Businesses can view their registration through this link.

In order to validate (the value of) your claim, the foundation needs proof of your claim. Therefore, you are asked to provide a complete overview of all your transactions (purchases and sales) with respect to eligible Wirecard securities (for an overview of eligible securities, see the FAQ under “Who can register with the foundation?”).

You can enter the details of your transactions (type of security; date of sale/purchase; amount of securities, price per security; and transaction fees) into the registration platform one by one.

Only if you made many different transactions (i.e. more than 15 different transactions), instead of listing all your transactions one by one, the online registration platform also allows  you to save time by uploading a CSV/spreadheet file (in pdf) which lists the details of all your transactions.

CSV stands for comma separated values. It is a common format used to list investment data, such as sales/purchases of securities. Most banks/brokers allow their clients to download or export investment data in CSV-format. If your bank/broker does not allow you to export your transaction data in CSV format, it is still possible to fill in the details for each transaction one by one in the registration platform.

Once you have completed the registration process, the Foundation will analyse the documentation you have provided in order to validate your claim. This analysis also includes estimating your damages.

The Foundation may contact you to provide additional information for the analysis, if necessary. For the analysis, the Foundation has developed a damage-calculation model in close consultation with a renowned financial advisory firm.

The Foundation will notify you of the results of the claim-analysis.

If the Foundation concludes that, sadly, it is unable to validate your claim, the Foundation will inform you of the reasons for this. In that case, you will be able to terminate the Participation Agreement with the Foundation.

See also article 3 of the Participation Agreement with the Foundation, which can be reviewed as part of the registration process.

Eligible Wirecard investors may register online through our portal. The registration process is intuitive and can be completed in several minutes.

Personal details

In order to register as a participant, the foundation requires:

• your full name and date of birth (as in identity card)
• your full address (a P.O. Box is not sufficient)
• your e-mail address
• bank details (IBAN, BIC and name of account holder), so that the foundation knows where to transfer your share of any realised compensation.
• signing the necessary documentation (Participation Agreement and Powers of Attorney, see also the FAQ under “What are the terms and conditions for registering as a participant?”)

When registering, keep your identity card (e.g. a passport) close at hand to ensure that your personal details are registered correctly.

Please make sure that the name(s) in the registration are the same as the name(s) of the securities account holder(s). This is particularly important as, if a securities account is held in the name of more than one person, the account holders can only claim damages jointly.

The CFD formula is quite complex. For this reason, the online calculator only displays the values of the calculation. In short, damages are calculated by subtracting sales proceeds from your purchases. The formula also takes in to transaction costs and statutory interest.

An important element in this formula is the disinformation phase (07.04.2015 - 18.06.2020). The outcome is dependent if you bought or sold shares before, during, or after the disinformation phase.

CFD stands for Contract Formation Damages.

The calculator is a tool to estimate damages of Wirecard investors. You can find the calculator here.

You can use the calculator by entering your transaction data. Please be advised that you must enter the data precisely. Once you have entered all your transactions, click: “calculate”.You can use the calculator by entering your transaction. Please be advised that you must enter the data precisely. After you have entered your transactions please click: “calculate”.

No. The calculator provides investors with an estimate of their damages based on an analysis of current trends in German (case) law with respect to investor damages. However, the results from the calculator are merely indicative and therefore you cannot derive any rights from using the calculator. Once you have registered your claim with the foundation and provided all necessary documentation, we will review your case to further determine your rights and position.

Of course. Please click “receive calculations” to receive the calculations by e-mail.

No, your data is not stored. If you refresh the webpage your information is lost. If you request to have the results sent to you (by clicking on “receive calculations”) your e-mail address and calculations will be processed according to our privacy policy. 

If you received this feedback, it means that your transactions are supported with uploaded Transaktionsnachweises. However, the Transaktionsnachweise cannot be linked to your registration due to the fact that personal information such as name, address etc. is missing in the uploaded file. This is necessary to prove your transactions. Please upload the Transaktionsnachweise for each transaction. Please view your dashboard by requesting a secure link. You will receive the link in your e-mail inbox. After clicking this link, you have access to your registration. In your registration you can select “Daten hochladen”. Please upload the correct Transaktionsnachweise for each transaction”.

If you received this feedback, it means that your transactions are not supported with uploaded Transaktionsnachweises. The Transaktionsnachweise is necessary to verify and prove your transaction. Please upload the Transaktionsnachweise for each transaction. Please view your dashboard by requesting a secure link. You will receive the link in your e-mail inbox. After clicking this link, you have access to your registration. In your registration you can select “Daten hochladen”. Please upload the correct Transaktionsnachweise for each transaction”.

If you received this feedback, it means that not all transactions were registered in your registration. This could be due to multiple scenarios.

Scenario 1.
The most common scenario is that accidently not all transactions were entered separately. Every transaction must be entered separately. Please view your dashboard by requesting a secure link. You will receive the link in your e-mail inbox. After clicking this link, you have access to your registration. Select: “Registrierung ändern”. In the first step you will see your personal information. Continue by clicking on ‘weiter’. In this screen you see the transaction you have entered. Please select: “speichern und weitere Transaktion hinzufügen”. Here you can enter the missing transactions. Please click “speichern und weitere Transaktion hinzufügen” to enter a new transaction.

Scenario 2.
Another common scenario is that the backoffice has noticed that you have sold more shares than you have purchased. This is not possible. For this reason, the backoffice concluded that you haven’t registered all the purchased shares. Please view your dashboard by requesting a secure link. You will receive the link in your e-mail inbox. After clicking this link, you have access to your registration. Select: “Registrierung ändern”. In the first step you will see your personal information. Continue by clicking on ‘weiter’. In this screen you see the transaction you have entered. Please select: “speichern und weitere Transaktion hinzufügen”. Here you can enter the missing transactions. Please click “speichern und weitere Transaktion hinzufügen” to enter a new transaction.

Scenario 3.
Another scenario is that the backoffice has noticed that the first transaction in your timeline was a sale of Wirecard shares. This is not possible. For this reason, the backoffice concluded that you haven’t registered all the purchased shares. Please view your dashboard by requesting a secure link. You will receive the link in your e-mail inbox. After clicking this link, you have access to your registration. Select: “Registrierung ändern”. In the first step you will see your personal information. Continue by clicking on ‘weiter’. In this screen you see the transaction you have entered. Please select: “speichern und weitere Transaktion hinzufügen”. Here you can enter the missing transactions. Please click “speichern und weitere Transaktion hinzufügen” to enter a new transaction.

If you received this feedback, the backoffice has noticed that your registration was filed on behalf of multiple people. If that is the case, the additional person also needs to sign the German Power of Attorney which needs to be sent to the Nieding + Barth lawfirm. Please resend this hard copy Power of Attorney with the signatures of all the people involved. You received an e-mail with the subject: “Dokumente unterzeichnet (Teilnahmevertrag und Vollmacht). This e-mail contains a file that starts with annex-iii. This file is the German Power of Attorney. Please print and sign the final page and send this to:

Nieding + Barth Rechtsanwaltsaktiengesellschaft
An der Dammheide 10
60486 Frankfurt
Deutschland.

During the registration you were asked to provide a digital signature. This digital signature was not succesfully placed. In order to complete your registration you need to place a digital signature. This can be best done in the most recent version of Safari (Macbook/Apple) or Google Chrome (Windows). Please view your dashboard by requesting a secure link. You will receive the link in your e-mail inbox. After clicking this link you have access to your registration. Select: “Registrierung ändern”. Please walk through your claim by selecting “Weiter”. Finally you will be asked to place your signature. Place your signature and you will have successfully placed a digital signature. Please view this file for a step by step walkthrough.

Yes. The e-mail is from Stichting Wirecard Investors Claim. The e-mail was sent because the backoffice of Stichting Wirecard Investors Claim checked and verified your registration. You have this e-mail if the backoffice needs additional information or corrections to validate your registration. The backoffice listed feedback in the e-mail. Please use this feedback to complete or correct your registration.