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Software AG GB 2012, englisch

CORPORATE GOVERNANCE 57 Compliance with the German Corporate Governance Code 2012 DECLARATION OF COMPLIANCE PURSUANT TO SECTION 161 OF THE GERMAN STOCK CORPORATION ACT (AKTG) On February 7, 2013, the Management and Supervisory Boards of Software AG submitted a declaration of compliance pursuant to Section 161 of the German Stock Corporation Act (AktG). The Company followed all recommendations of the government commission’s German Corporate Governance Code dated May 26, 2010 in the period from January 1, 2012 to June 14, 2012. In the period from June 15, 2012 to December 31, 2012, it followed the recommendations of the government commission’s German Corporate Governance Code dated May 15, 2012 with the following exception: Software AG’s Supervisory Board determined the number of independent members to be six as defined in item 5.4.2 of the German Corporate Governance Code dated May 15, 2012 in its meeting on February 7, 2013. The Supervisory Board also determined that it had and has at least six independent members as defined by the aforementioned item of the German Corporate Governance Code at all times during the fiscal year and at the time the decision was made. The Management Board and Supervisory Board intend to fully comply with the Code (dated May 15, 2012) in the future. Software AG implements the recommendations of the German Corporate Governance Code. Further details can be found under Investor Relations at www.softwareag.com. The current version of the German Corporate Governance Code published by the Commission of the German Corporate Governance Code can be found in English at www.corporate-governance-code.de.

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