0000894579-21-000112.txt : 20210212 0000894579-21-000112.hdr.sgml : 20210212 20210212164543 ACCESSION NUMBER: 0000894579-21-000112 CONFORMED SUBMISSION TYPE: SC 13G PUBLIC DOCUMENT COUNT: 2 FILED AS OF DATE: 20210212 DATE AS OF CHANGE: 20210212 SUBJECT COMPANY: COMPANY DATA: COMPANY CONFORMED NAME: VIA optronics AG CENTRAL INDEX KEY: 0001769116 STANDARD INDUSTRIAL CLASSIFICATION: SEMICONDUCTORS & RELATED DEVICES [3674] IRS NUMBER: 000000000 FILING VALUES: FORM TYPE: SC 13G SEC ACT: 1934 Act SEC FILE NUMBER: 005-91727 FILM NUMBER: 21628685 BUSINESS ADDRESS: STREET 1: SIEBOLDSTR. 18 CITY: NUREMBERG STATE: 2M ZIP: D-90411 BUSINESS PHONE: 49 911 597 575-0 MAIL ADDRESS: STREET 1: SIEBOLDSTR. 18 CITY: NUREMBERG STATE: 2M ZIP: D-90411 FILED BY: COMPANY DATA: COMPANY CONFORMED NAME: Eichner Juergen CENTRAL INDEX KEY: 0001846152 FILING VALUES: FORM TYPE: SC 13G MAIL ADDRESS: STREET 1: SIEBOLDSTRASSE 18 STREET 2: C/O VIA OPTRONICS AG CITY: NUREMBERG STATE: 2M ZIP: 90411 SC 13G 1 eichnerviao13g02122021.htm SCHEDULE 13G




UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549  

 
SCHEDULE 13G

Under the Securities Exchange Act of 1934
(Amendment No.  )*



VIA optronics AG
(Name of Issuer)
 
 
Ordinary Shares, notional value €1.00 per share
(Title of Class of Securities)
 
91823Y 109
(CUSIP Number)
 
 N/A
(Date of Event Which Requires Filing of this Statement)
 
Check the appropriate box to designate the rule pursuant to which this Schedule is filed:

☐ Rule 13d-1(b)
☐ Rule 13d-1(c)
☒ Rule 13d-1(d)

*The remainder of this cover page shall be filled out for a reporting person's initial filing on this form with respect to the subject class of securities, and for any subsequent amendment containing information which would alter the disclosures provided in a prior cover page.

The information required in the remainder of this cover page shall not be deemed to be "filed" for the purpose of Section 18 of the Securities Exchange Act of 1934 ("Act") or otherwise subject to the liabilities of that section of the Act but shall be subject to all other provisions of the Act (however, see the Notes).
 

 

 
CUSIP No.
91823Y 109
13G
Page 2 of 6


1
NAMES OF REPORTING PERSONS
I.R.S. IDENTIFICATION NOS. OF ABOVE PERSONS (ENTITIES ONLY)
 
 
 Juergen Eichner
 
 
 
 
2
CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP
   
(a)
   
(b)☐
 
 
3
SEC USE ONLY
 
 
 
 
 
 
 
4
CITIZENSHIP OR PLACE OF ORGANIZATION
 
 
 Germany
 
 
 
 
NUMBER OF SHARES BENEFICIALLY OWNED BY EACH REPORTING PERSON WITH
5
SOLE VOTING POWER
 
 
720,000 ordinary shares
 
 
 
 
6
SHARED VOTING POWER
 
 
 0
 
 
 
 
7
SOLE DISPOSITIVE POWER
 
 

720,000 ordinary shares

 
 
 
 
8
SHARED DISPOSITIVE POWER
 
 
 0
 
 
 
 
9
AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
 
 

720,000 ordinary shares

 
 
 
 
10
CHECK IF THE AGGREGATE AMOUNT IN ROW (9) EXCLUDES CERTAIN SHARES (SEE INSTRUCTIONS)
 
 
 
 
 
 
11
PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (9)
 
 
 15.9%(1)
 
 
 
 
12
TYPE OF REPORTING PERSON (SEE INSTRUCTIONS)
 
 
 IN
 
 
 
 
 
(1)  The percentage set forth above is calculated based on 4,530,701 ordinary shares outstanding as of September 28, 2020, as reported in the Issuer’s prospectus dated September 24, 2020 filed with the Securities and Exchange Commission pursuant to Rule 424 under the Securities Act of 1933, as amended.



CUSIP No.
91823Y 109
13G
Page 3 of 6


Item 1(a). Name of Issuer:

 VIA optronics AG (the “Issuer”)
 
Item 1(b). Address of Issuer's Principal Executive Offices:

Sieboldstrasse 18, 90411 Nuremberg, Germany
 
Item 2(a). Name of Person Filing:

 This statement is filed on behalf of Juergen Eichner (“Mr. Eichner”). Mr. Eichner is the sole owner of, and has investment discretion over, the ordinary shares held by the Jürgen Eichner Vermögensverwaltungs GmbH & Co. KG.

Item 2(b). Address of Principal Business Office or, if none, Residence:

c/o VIA optronics AG, Sieboldstrasse 18, 90411 Nuremberg, Germany

Item 2(c). Citizenship:

 German citizen.

Item 2(d). Title of Class of Securities:

 Ordinary shares, notional value €1.00 per share
 
Item 2(e). CUSIP Number:

91823Y 109
 
Item 3. If This Statement Is Filed Pursuant to Sections 240.13d-1(b) or
240.13d-2(b) or (c), check whether the person filing is a:

                      Not applicable.



CUSIP No.
91823Y 109
13G
Page 4 of 6

 
Item 4. Ownership.


(a) Amount beneficially owned:

Mr. Eichner may be deemed the beneficial owner of 720,000 ordinary shares, which consists of 100,440 ordinary shares owned by Mr. Eichner and 619,560 ordinary shares owned by the Jürgen Eichner Vermögensverwaltungs GmbH & Co. KG, an entity that is wholly owned by Mr. Eichner.


(b) Percent of class:  15.9%(1)


(c) Number of shares as to which the person has:


(i)
Sole power to vote or to direct the vote:

720,000


(ii)
Shared power to vote or to direct the vote:

0

  (iii)
Sole power to dispose or to direct the disposition of:

720,000

  (iv)
Shared power to dispose or to direct the disposition of:

0
 
(1)  The percentage set forth above is calculated based on 4,530,701 ordinary shares outstanding as of September 28, 2020, as reported in the Issuer’s prospectus dated September 24, 2020 filed with the Securities and Exchange Commission pursuant to Rule 424 under the Securities Act of 1933, as amended.

Item 5. Ownership of Five Percent or Less of a Class.

If this statement is being filed to report the fact that as of the date hereof the reporting person has ceased to be the beneficial owner of more than five percent of the class of securities, check the following ☐.

Item 6. Ownership of More Than Five Percent on Behalf of Another Person.

Not applicable.
 


CUSIP No.
91823Y 109
13G
Page 5 of 6

Item 7. Identification and Classification of the Subsidiary Which Acquired the Security Being Reported on by the Parent Holding Company or Control Person.

 Not applicable.

Item 8. Identification and Classification of Members of the Group.

Not applicable.

Item 9. Notice of Dissolution of Group.

 Not applicable.
 
Item 10.
Certification.
 
Not applicable.
 
SIGNATURE

      After reasonable inquiry and to the best of my knowledge and belief, I certify that the information set forth in this statement is true, complete and correct.
DATED: February 11, 2021
JUERGEN EICHNER
 
By:
/s/ Stephan Eichmann
 
Name: Stephan Eichmann
Title: Attorney-in-Fact
 
 
Duly authorized pursuant to Power of Attorney attached as Exhibit 99.1 to this Schedule 13G.
* Attention. Intentional misstatements or omissions of fact constitute federal criminal violations (see 18 U.S.C. 1001).



CUSIP No.
91823Y 109
13G
Page 6 of 6


INDEX TO EXHIBITS


Exhibit No.
Exhibit
   
99.1
English Translation of Power of Attorney, dated September 18, 2020.
 



EX-99.1 2 eichnerpoa.htm POWER OF ATTORNEY

Exhibit 99.1
Beisse & Rath
Partnership of Attorneys at Law with limited professional liability

Power of Attorney

for the attorney at law Stephan Eichmann LL.M. Eur., Nuremberg
by Mr. Jürgen Eichner, Lettenfeldstraße 15, 90592 Schwarzenbruck
regarding
power of attorney for extrajudicial representation of all kinds as well as power of attorney for lawsuits in all proceedings in all instances.
This power of attorney extends in particular to the following matters:
-
Representation in extrajudicial proceedings, assertion of claims against the injuring party, vehicle owners and their insurers and inspection of files.
-
Making of statements as shareholder.
-
Conclusion of contract.
-
Establishment and cancellation of contractual relationships as well as submission and reception of one-sided declarations of intent (for example termination notices).
-
Conduct of cases (inter alia in accordance with §§ 81 et seqq. of the Code of Civil Procedure).
-
Representation in private and statutory arbitration proceedings.
-
Filing motions in divorce proceedings and matters following divorce, to execute agreements regarding matters following divorce, as well as filing of motions to request information related to retirement and other pension matters.
-
Representation and defense in criminal cases and administrative fine matters (§§ 302, 374 of the Code of Criminal Procedure, 73, 74 of the Administrative Offences Act), including preliminary proceedings as well as (in the case of absence) representation according to § 411 para. 2 of the Code of Criminal Procedure, with explicit authorization also according to §§ 233 para. 1, 234 of the Code of Criminal Procedure and filing demands for prosecution and any other permissible motions provided by the Code of Criminal Procedure.
-
In case of motions pursuant to the Law on Compensation for Law Enforcement Actions the power of attorney also extends to the proceedings regarding the compensation amount.
-
Representation in front of administrative, social and finance authorities and courts.
-
Representation in labor courts.
-
Settlement of lawsuits or extrajudicial negotiations by means of settlement agreements, other agreements, waiver or acknowledgement.
-
Lodging and withdrawing of appeals and legal actions and waivers thereof.
-
Submission and reception of any type of service of process and other notifications.
-
All ancillary and consequential proceedings, for example apprehension and preliminary injunction, assessment of costs, enforcement including special proceedings arising therefrom, insolvency, compulsory sale, receivership and escrow.
-
Acceptance of money, valuables and deeds, in particular the matter in dispute and any amounts reimbursable by the opponent, the judicial cashier or by others.
-
This power of attorney does not extend to the acceptance of one-sided declarations of intent requiring receipt, in particular the declaration of termination, rescission or withdrawal from existing contractual relationships of the represented party.

-
The undersigned declares to be                 ___ entitled     ___ not entitled to deduct input tax.

Schwarzenbruck, 18.9.20
 
/s/ Jürgen Eichner
     
…………………………………………
 
…………………………………………
(Place/Date)
 
(Signature)