Moreover, the Management Board regularly provides the Supervisory Board with extensive current reports on all relevant issues relating to the business development of the company.
The text of section 90 of the German Stock Corporation act is as follows:
§ 90 Reports to the Supervisory Board
(1) The Management Board shall report to the Supervisory Board on:
- intended business policy and other fundamental matters regarding the future conduct of the company's business (especially concerning budgeting, investments and personnel);
- the profitability of the company, in particular the return on equity;
- the state of business, in particular revenues and the condition of the company;
- transactions which may have a material impact upon the profitability of liquidity of the company.
In addition, reports to the Chairman of the Supervisory Board shall be made on the occurrence of other significant developments; such significant developments shall also include circumstances concerning the business of an affiliated enterprise which become known to the Management Board and which may have a material impact upon the condition of the company.
The Supervisory Board has formed from its members committees in accordance with section 9 of the rules of procedure of the Supervisory Board:
The Presidential Committee is responsible for deciding the service contracts and other contractual matters in relation to the Board of Management and the Supervisory Board. The Presidential Committee advises and decides on issues relating to corporate governance and issues recommendations on such issues to the extent Supervisory Board approval is required. Moreover, it assists and counsels the Chairman and Vice Chairman of the Supervisory Board. The Presidential Committee consists of Dr. Martin Brudermüller (Chairman), Ben van Beurden, Ergun Lümali* and Roman Zitzelsberger*.
The Audit Committee is responsible for examining the interim accounts as well as the annual financial statements and the consolidated financial statements of Mercedes-Benz Group AG. The members of the Audit Committee are Olaf Koch (Chairman), Timotheus Höttges, Ergun Lümali* and Roman Romanowski*.
According to a resolution on the appointment of auditors by the Annual General Meeting, the Committee is authorized to instruct the independent auditor and to determine the audit emphasis. In addition, the Committee gives recommendations to the Supervisory Board on the appropriation of net income, financial measures and the like.
The Legal Affairs Committee was established until further notice against the backdrop of the complexity of the emissions- and antitrust-related proceedings and with a view to the efficient organization of the work of the Supervisory Board. This Committee coordinates the exercise of the rights and duties of the Supervisory Board with regard to the aforementioned legal issues, prepares the resolutions of the Supervisory Board and makes appropriate recommendations for resolutions. The Committee consists of Olaf Koch (Chairman), Polly Courtice, Dr. Doris Höpke, Ergun Lümali*, Michael Häberle* and Roman Romanowski*.
The Mediation Committee was established by the Supervisory Board pursuant to its obligations under § 31 (3) Co-Determination Act and is composed of Dr. Martin Brudermüller (Chairman), Ben van Beurden, Ergun Lümali* and Roman Zitzelsberger*.
In compliance with the German Corporate Governance Code the Supervisory Board has also established a Nomination Committee. The Committee's task is to propose candidates representing the shareholders for election to the Supervisory Board. The Nomination Committee is composed exclusively of Supervisory Board members representing the shareholders. The members of the Nomination Committee are Dr. Martin Brudermüller (Chairman), Ben van Beurden and Liz Centoni. The Nomination Committee meets as required.
(Employee representatives are marked with *)