(3) Finally, the settlement agreement distinguishes between `active beneficiaries` and `non-active beneficiaries`. Active applicants are applicants who initiated legal proceedings prior to the announcement of the settlement and/or who registered with one of the applicant organisations that were parties to the settlement agreement. Non-active applicants are those who have not. If you filed your claim in 2018 (and are therefore an early filer) and receive your first instalment after October 2020, your first payment will also be calculated by applying the above percentages to each of the four buckets of your provisional duty amount. Note, however, that your first instalment is calculated at 70% of your preliminary claims amount if this results in an amount greater than a first instalment calculated on the basis of the above percentages. Subsequently, you may be entitled to a final instalment: once the work of ComputerShare is completed, the final calculations will be made and if your final entitlement is higher than what we have paid you so far, we will pay you the balance (in any case you do not have to repay). We expect this to be in the course of 2022. At this stage, we cannot specify when applicants will be able to count on their final rate in 2022, if any. This means that Ageas and the applicant organisations must renegotiate their settlement agreement and take into account the Tribunal`s concerns if they want a binding agreement for all potential complainants. However, it can be difficult to determine the adequacy of these costs. In Europe, unlike the United States, multi-party or collective actions are often unfinanceable, unless allegedly aggrieved people come forward and declare their rights (i.e.
opt-in), a process that requires significant administrative investment. The Tribunal wished to be informed of the costs and expenses of the representative organizations and their success fees in order to determine whether the interests of the members of the group were adequately protected. The agreement provides for a maximum compensation of €1,203,700,000, which will be distributed according to three main principles among the “legitimate shareholders” (shareholders holding Fortis shares at any time between 28 February 2007 and 14 October 2008): in 2005, the Netherlands adopted the WCAM which, unlike most other non-Americans, allows class-wide settlement of claims on an opt-out basis. Procedural rules that, when allowing class-wide resolutions, usually only do so on an opt-in basis. The parties to the settlement enter into a settlement agreement and file an application requesting the Amsterdam Court of Appeal (which has sole jurisdiction over WCAM proceedings) to approve the proposed settlement and make it mandatory for class members considered defendants in the petition procedure. The signatories of the transaction on behalf of the class members must be one or more foundations (possibly including an ad hoc or purpose community created to conclude the agreement) and not one of the presumed injured members of the class. The Tribunal also strongly criticised the amount of royalties that Ageas had to pay to organisations taking legal action. As part of the agreement, veB would receive €25 million, Deminor €10.5 million, FortisEffect €7 million and SICAF €2.5 million. In total, this would represent a fee of EUR 45 million, or approximately 3.7% of the total amount of the comparison. If you filed your claim in 2018, you have already received a first instalment of €2,821.88 at the time of acceptance of your entitlement, i.e. 70% of your provisional duty amount. .