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    Declaration of corporate governance

Declaration on corporate governance in accordance with Section 289f and 315d of the German Commercial Code (HGB)

2020/2021: Contents in accordance with recommendation F.4 of the German Corporate Governance Code in the version dated December 16, 2019 (Corporate Governance Report)

Declaration on corporate governance in accordance with Sections 289f and 315d of the German Commercial Code (HGB)

KWS SAAT SE & Co. KGaA (also referred to hereinafter as the “company”) has the following governance bodies prescribed by law: the Annual Shareholders’ Meeting, the Supervisory Board of KWS SAAT SE & Co. KGaA, and the personally liable partner KWS SE, represented by its Executive Board.

Responsible corporate governance has always been of great importance at KWS SAAT SE & Co. KGaA. The Supervisory Board of KWS SAAT SE & Co. KGaA and the Executive Board of KWS SE, the personally liable partner of KWS SAAT SE & Co. KGaA, (also referred to hereinafter as the Executive Board), run and accompany KWS with the goal of ensuring it creates sustainable value added. Since it was founded 165 years ago, our company’s successful development has been founded on thinking long term and acting in terms of sustainability.

KWS complies almost fully with the code’s recommendations

The Executive Board and the Supervisory Board once again examined in the year under review whether the company complies with the stipulations of the German Corporate Governance Code. As a result, the following declaration of compliance was issued to the effect that the company complies almost fully with the code’s recommendations; the declaration can also be found at www.kws.com/corp/en/company/investor-relations/corporate-governance.

2020/2021 Declaration of Compliance in Accordance with Section 161 of the German Stock Corporation Act (AktG)

The Executive Board of KWS SE, the personally liable partner of KWS SAAT SE & Co. KGaA, (hereinafter referred to as the Executive Board), and the Supervisory Board of KWS SAAT SE & Co. KGaA declare in compliance with Section 161 of the German Stock Corporation Act (AktG) that the company has complied with the recommendations of the German Corporate Governance Code in the version dated December 16, 2019, since the last declaration of compliance was issued in October 2020, and will comply with them in the future, with the exception of the deviation presented and allowing for the following special aspects specific to its legal form.

Special aspects due to the legal form of a partnership limited by shares (KGaA)

The company is a partnership limited by shares (KGaA). The German Corporate Governance Code is tailored to companies with the legal form of a stock corporation or a European Company (Societas Europaea or SE) and does not take into account the special aspects of the legal form of a partnership limited by shares.

The personally liable partner is responsible for managing the business of a partnership limited by shares; the company’s sole personally liable partner is KWS SE, whose Executive Board is therefore responsible for management of the company’s business.

The rights and obligations of the Supervisory Board at a partnership limited by shares are limited compared to those at a stock corporation or European Company (Societas Europaea or SE); in particular, the Supervisory Board at a partnership limited by shares does not hold personnel

Relevant corporate governance practices above and beyond requirements prescribed by law