News

Press release Amsterdam Court of appeals declares shell settlement binding
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The Amsterdam Court announced that it will render judgment in a public hearing on May 29, 2009 at 1.30 PM (CET).

Information about additional relief under the SEC Settlement
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Q and A on Settlement

I. Timing and Process
II. Substance of the Settlement

I. Timing and Process

How much money will I receive?
The amount of money a shareholder may be entitled to will be based upon the plan of allocation (= An annex to the petition to the Court, to be downloaded on this website, it is attached as Exhibit C to the Agreement). It generally allocates the settlement proceeds based on when securities were purchased during the relevant period and when, if at all, they were sold. The Plan has been reviewed and approved by the Shell Reserves Compensation Foundation. The amounts to be paid also depend on the number of claims made and therefore at this point this is all we can say about this.
What does the binding declaration mean?
Shareholders who:

(i) purchased shares in the capital of Royal Dutch Petroleum Company and/or The .Shell. Transport and Trading Company, plc in the period as of 8 April 1999 up to and including 18 March 2004 at a stock exchange outside the United States; and
(ii) at the moment of the purchase, were not resident or established in the United States, might be entitled to a compensation.

Such shareholders do not have any other possible actions against Royal Dutch Petroleum Company and/or The Shell Transport and Trading plc further to these purchase transactions, unless they declare in time that they do not want to be bound to the binding declaration.
What do I have to do now/What is the next step?
The parties to the settlement agreement are currently working on a notification to inform shareholders about the declaration by the court and the actions to be taken. The notification will inter alia be published in newspapers, announced on this website and on the other websites (www.royaldutchshellsettlement.com, www.shell.com, www.shellcompensation.com, www.shellvergoeding.nl, www.veb.net, www.abp.nl en www.pfzw.nl). The shareholders registered with the administrator will receive the notification and a claims form. To benefit shareholders will ultimately need to provide information and supporting documentation relating to their purchases and sales of Royal Dutch Petroleum Company and The .Shell. Transport and Trading Company, plc shares in the relevant period (April 8, 1999 through March 18, 2004, inclusive). Alternatively, as said in the release at that time you can also "opt out" of the agreement. Exact procedures as well as forms to be filled in will be available early November at the latest, also at this website.
How long until investors see the proceeds of the settlement?
Timing is uncertain. Now the agreement has been declared binding it will take a period of time . during which time the notification will be drafted and circulated, upon which eligible shareholders will be given an opportunity to "opt-out" of the settlement, as well as to submit their claims if they chose not to opt out . before all settlement proceeds can be distributed. It is impossible to predict how long all of this will take, but based on the statutory requirements a distribution will not occur until sometime end 2010/beginning 2011 at the earliest.
Why will it take so long for investors to receive their money?
Under the applicable Dutch law, if the Court declares a settlement binding, investors will receive information on the terms and will be granted a period of time during which they can consider whether they want to participate in the settlement or "opt-out". In addition, Dutch law requires that investors have a year to file their claim after the Court issues a binding declaration. Once all claims have been received, the settlement administrator, with oversight by the Foundation, will calculate the amounts due to participating investors and distribute the settlement relief accordingly.
Can I receive a copy of the Settlement Agreement?
Yes, a copy is available on this website, the website of the Claims Administrator (www.royaldutchshellsettlement.com), as well as on the websites of the other parties including Shell.
Can I receive a copy of the court decision declaring the Settlement Agreement binding?
Yes, a copy is available on this website, the website of the Claims Administrator (www.royaldutchshellsettlement.com), as well as on the websites of the other parties including Shell. In case you wish to receive a hard copy of the court decision, please contact the administrator (contact details can be found at https://www.royaldutchshellsettlement.com/contactus.aspx).
Who is actually entitled to claim under the Settlement?
I.e. what does a shareholder need to prove to receive money?
Whether you are entitled to claim depends on several factors, amongst others the timing of purchase and timing of sale, if any, of Royal Dutch Petroleum Company and The "Shell" Transport and Trading Company, plc shares in the relevant period (April 8, 1999 through March 18, 2004, inclusive). Early November at the latest, you will be provided with additional information about submitting a claim and any required supporting materials.
Is there more money available if more shareholders join?
No, the payments made by Shell in the settlement will be as announced. The allocation of those payments to investors who file claims in the settlement process will be made pursuant to the terms of a Plan of Allocation submitted to the Amsterdam Court of Appeals and under the oversight of the Foundation.
Where can I find the Plan of Allocation you mention?
In the agreement this is referred to as the Settlement Distribution Plan, it is attached as Exhibit C to the Agreement. It generally allocates the settlement proceeds based on when securities were purchased during the relevant period and when, if at all, they were sold. The Plan has been reviewed and approved by the Foundation.
I already submitted information in relation to the SEC Settlement. Do I need to fill out another claim form and submit the information again?
Upon consultation between the administrator for the Non US Settlement and the administrator for the SEC Settlement it appeared that the information provided in the SEC Settlement cannot be used for the claims under the Non US Settlement. For that reason, you have to fill out a new claim form and submit the information requested.
How can I opt-out?
You can opt-out by informing the claims administrator that you do not want to be bound by the binding declaration by the court. The opt-out term will run as of the date the notice of the binding declaration has been published in the newspapers for a period of three months. You can inform the claims administrator by sending a letter to Royal Dutch Shell Settlement Administrator, 128-129 Cheapside, London EC2V 6BT, Unitied Kingdom or sending an email to info@royaldutchshellsettlement.com. If you wish to opt-out, it would be appreciated if you could indicate (i) the amount and type of RD shares or STT shares purchased, (ii) the dates within the Period on which they purchased these shares, (iii) the dates on which they sold these shares, if applicable, (iv) the price or prices at which they bought or sold such shares, and (v) the stock exchange(s) on which the shares were traded. You are not obliged to provide the information requested.

II. Substance of the Settlement

How were the settlement amounts arrived at?
The settlement is the result of negotiations between Shell and the participating members of the Foundation.
Who are members of/what is the Shell Reserves Compensation Foundation?
The June 23, 2005 Dutch law, Wet collectieve afwikkeling massaschade, stipulates the creation of a foundation to represent the interests of covered investors. The foundation.s 167 participants include European-based institutional investors (including ABP, PGGM, DEKA, UBS and Morley) as well as VEB and similar organizations representing individual shareholders from France, Sweden, Italy and Germany. The Foundation is governed by an independent Board of Directors, which includes professor M.J.G.C. Raaijmakers as its Chairman, professor M.J. Kroeze and G. Izeboud.
What is the purpose of the $12.5 million payment, is it part of the settlement?
The $12.5 million payment is to be distributed equally to all shareholders who submit a valid claim for relief, irrespective of the number of shares held by the person submitting a claim so pro rata over all persons or entities submitting a claim. The amount of the $12.5 million payment a shareholder is entitled to is therefore dependent of the number of claims that have been validly submitted. This additional amount and the way this is to be distributed is therefore likely to be of more interest to a person or entity holding a relatively low number of shares.
What is the purpose of the $6.25 million payment, to be used by VEB and other similar organizations?
The $6.25 million is to be used by VEB and other similar organizations to promote and actively encourage individual shareholders to submit claims for relief and to assist shareholders in making claims for settlement relief.
Does this settlement cover investors who purchased options on Shell securities?
The settlement covers stock and similar securities, including derivatives, issued by Shell. Shell has not issued options during the period covered by the settlement.