The Volkswagen Investor Settlement Foundation (“the Foundation”) represents the interests of investors in Volkswagen securities worldwide, including common or preferred shares, and public or private debt, during the period from 23 April 2008 through 4 January 2016 (inclusive) (the “Relevant Period”).
Institutional investors who purchased, sold or held Volkswagen securities during the Relevant Period are encouraged to join the Foundation as a Participant as soon as possible and, thereby, support the Foundation’s initiatives and purpose. Participation in the Foundation is open to all investors other than investors who purchased Volkswagen Ordinary Share American Depository Receipts and Volkswagen Preference Share American Depository Receipts that are traded over-the-counter in the United States (the “Volkswagen ADRs”). There is a separate class action pending in the United States on behalf of investors in the Volkswagen ADRs. Information concerning that case is available here.
Participation in the Foundation carries no financial risk or obligation. Submitting a Participation Agreement also does not make any investor a party to any litigation, and is merely intended to provide the Foundation the required representative capacity under Dutch Law to act as representative body and also enter into and execute any class-wide settlement agreements on behalf of Volkswagen investors.
The Foundation seeks to measure the financial losses suffered by Volkswagen investors resulting from the plunge in the prices of Volkswagen securities following the revelation of fraud and to obtain compensation for losses of investors resulting from Volkswagen’s wrongdoing. The Foundation aims to open a dialogue with Volkswagen in a spirit of mutual respect to find a reasonable and fair solution. Once a settlement has been reached, the unique group resolution procedure of the Netherlands provides the opportunity to get Court approval and make such settlement globally binding (with the option to opt out). This will provide investors with compensation for their losses and will provide Volkswagen the chance to turn the page and focus on the future.