On The Protection Against Market Abuse And Transparency

Original Language Title: o ochraně proti zneužívání trhu a transparenci

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=69034&nr=234~2F2009~20Sb.&ft=txt

234/2009



DECREE



of 21 June 1999. July 2009



on the protection against market abuse and transparency



191/2011: Sb.



The Czech National Bank establishes, pursuant to § 199 para. 2 Act No. 256/2004 Coll.

on the capital market, as amended by Act No. 230/2009 Coll., to

the implementation of § 122 para. 17, § 125 paragraph. 7 (b). and) and d) to (g)), section 126

paragraph. 6 and § 127 paragraph. 3 of Act No. 256/2004 Coll., on business

the capital market, as amended, (hereinafter referred to as the "Act"):



PART THE FIRST



BASIC PROVISIONS



§ 1



The subject of the edit



(1) this Decree incorporates the relevant provisions of the European Union ^ 1) and

modifies the more detailed rules for



and internal quality requirements) information



(b) deferment of publication) internal information, including the definition of the grounds for

deferment of publication and how to ensure the confidentiality of inside information,



c) keeping the list of people who have access to inside information (hereinafter

"the list"), including details about which person to be kept in

This list, and the structure, form and manner of the sending of the list

The Czech National Bank,



d) notification of transactions in shares or zatímními sheets issued by the

the issuer of a financial instrument under section 124 para. 1 of the law (hereinafter referred to as

"the issuer of a financial instrument") or investment instruments, which

the value applies to those shares or provisional tabs ^ 2), the Czech

National Bank of persons according to § 125 paragraph. 5 of the Act (hereinafter referred to as "management

the transaction "), including the method of sending notifications by the Czech National Bank and the

a more detailed definition of the kinds of transactions to which the notification

obligation shall apply,



(e)) the examination of market manipulation and



(f) there is a reasonable suspicion of) the notification of the use of internal information or

market manipulation, including the method of sending the notification of the Czech national

the Bank.



(2) this Decree incorporates the relevant provisions of the European Union ^ 3) and

provides for the



and content of notification) share of the voting rights of the issuer referred to in §

paragraph 118. 1 (b). and the form of the Act) and its method of sending Czech

the National Bank,



(b) the form and manner) compulsorily inserted information ^ 4),



c) structure, form and way of sending information materials that will be compulsory

The Czech National Bank,



(d) the range of relevant data related) with compulsory uveřejňovanou

of information that the issuer is referred to in § 118 paragraph. 1 of the Act, the issuer

referred to in section 121a of the Act, the issuer of the financial instrument, any other person who

asked about the adoption of the investment securities to trading on a

a regulated market without the issuer's consent, or regulated

the market, which itself has received investment securities without the consent of the issuer ^ 4)

(hereinafter referred to as the "other party") shall keep and



e) cases where the obligation under the law of a State which is not

Member State of the European Union, comparable with the obligation laid down in §

118-119a, section 120a para. 1 (b). and, § 120 paragraph 1). 1 or § 122 para.

15 or 16 of the Act.



PART TWO



PROTECTION AGAINST MARKET ABUSE



§ 2



The requirements on the quality of internal information



(1) For the purposes of establishing quality requirements for internal information is

information accurate, if



and its content) is a set of circumstances or event that occurred, or

that can be reasonably be expected in the future, and



(b)) is so certain that on that basis it can be concluded on the possible

the impact of circumstances or events in accordance with subparagraph (a)) on the course, a different price or

the yield of the relevant financial instruments or tools, whose value is

from this derives the financial instrument (hereinafter referred to as "derived tool").



(2) For the purposes of establishing quality requirements for internal information is

information, which could then, what happens to the publicly disclosed, significantly

affect the course, a different price or yield of the financial instrument or

the derivative instruments, such information that it can be assumed that the

reasonable investor took it into account in their investment decisions.



(3) for the internal information in relation to investment instruments referred to in § 3

paragraph. 1 (b). g) to (i)) of the Act (hereinafter referred to as "commodity derivative")

considers the exact information that directly or indirectly refers to commodity

the derivative, is not publicly known, and about which the participants may be regulated

market on which such derivative trading, in line with market

accepted market practices on that market, expect that they will be communicated.

Such information is, in particular, information that



and participants of the regulated market) is in similar cases usually

available, or



(b)) is published under this Ordinance or other legislation,

the rules of the regulated market, contractual obligations or

practices relating to the regulated market on which it is traded with the

in such a commodity derivative, or market on which it is traded with the

the underlying commodity of such commodity derivative.



§ 3



The rules delay public disclosure of inside information



(1) the major reason, for which the issuer of a financial instrument may

postpone public disclosure of inside information, it is particularly



a) ongoing negotiations and related facts, if

the result or the proper conduct of these negotiations could be the publication of internal

adversely affected, in particular information in respect of negotiations for

the purpose of the long-term financial recovery of the issuer of the financial instrument,

whose financial situation is severe and immediately threatened, or



(b)) decisions taken or contracts negotiated the head person ^ 5) and the person

referred to in § 2 (2). 1 (b). (b) section 4 of the Act), to whose effectiveness is

need the approval of another body of the issuer of the financial instrument, if the

the public disclosure of inside information before this approval together with the simultaneous

a declaration that the decision or agreement has not yet been approved, would jeopardise the

the correct assessment of the internal information from investors.



(2) the issuer of a financial instrument may delay the publication of the internal

information only in the case that is to adopt measures that will enable it to

disclose internal information immediately after ceasing to be able to

continue to ensure its confidentiality, and to control access to

such information at least by



and) establish effective measures to prevent access to internal information

persons other than that the internal information needs for the proper

exercise of their functions within the issuer of a financial instrument, and



(b)) shall take the necessary measures to ensure that any person with access to the

internal information was proven to be advised of the obligations resulting from the

This Ordinance or other legislation in relation to the internal

information and of the sanctions attaching to the misuse or unauthorized dissemination

internal information.



(3) ceases to be fulfilled one of the conditions referred to in paragraph 1

or 2 if he or she violated the confidentiality of the inside information, the issuer is

a financial instrument is obliged to disclose information without delay to the internal

After he learned of this fact.



§ 4



The persons held in the list



In the list of all persons who have access to the internal

information relating, directly or indirectly, to the issuer of the financial instrument and the



and) are the bodies or members of the bodies of the issuer of the financial instrument,



(b)) are employees of the issuer of the financial instrument,



(c) for the issuer) carry out activities on the basis of financial instrument

Treaty, in particular to the issuer or the person providing legal advisory

services, or



(d)) are employees or other persons, to a person under

subparagraph (c)) access to internal information.



§ 5



The rules list management



(1) the issuer of a financial instrument leads the list for each internal

information, especially within the scope of an electronic form in accordance with §

12 paragraph 1. 2.



(2) the issuer of a financial instrument shall provide, without undue delay

update the list,



and) If a change of data reported in the electronic form in

§ 12 para. 2 any person on the list, or



(b)) is to be completed by the next person on the list.



(3) the issuer of a financial instrument leads List in electronic format.



(4) the issuer of a financial instrument stores List for at least 5 years

Since its creation, if the list was updated, at least for 5 years

Since its last update. During this time, also ensure the preservation

information related to the direction of the list.



(5) the issuer of a financial instrument shall ensure that the persons referred to in the list of

they were familiar with the obligations laid down in this decree or in other

the legislation for the management of internal information and sanctions

that other legislation with abuse or unauthorized

distribution of internal information.



§ 6



Management transactions



(1) the person referred to in § 125 of paragraph 1. 5 of the Act. fulfils the obligation of notification,

If the sum of the values of transactions in a calendar year will reach at least

the amount corresponding to € 5 000 in respect of all transactions

made in a calendar year.



(2) for the purposes of assessing whether the condition referred to in paragraph 1,

add up the value of all transactions conducted in the same calendar

year on behalf of the persons mentioned in § 125 of paragraph 1. 5 of the Act.



(3) the transaction value in accordance with paragraph 1 shall mean the market value

the subject of the transaction to the date of the transaction; in the case of investment

instruments whose value is related to the shares or provisional tabs,


the value shall mean the market value of such shares or interim certificates.



§ 7



Rules for the assessment of market manipulation



When assessing whether there has been market manipulation pursuant to § 126 paragraph. 1

the law, taking into account in particular



and whether the percentage of submitted instructions) to the stores or trades on

the total daily trading volume with that financial instrument to

the relevant regulated market is significant, especially if it leads to a significant

change of course or other prices for this financial instrument,



(b)) the extent to which the guidelines submitted to the stores or shops

people with a significant buying or selling position leads to a significant change

course or other financial instrument prices, property values, to which the

apply the value of a financial instrument or derivative instruments



(c)) that the transaction has resulted in a change in beneficial ownership of a financial

Tools,



(d)) that the submitted instructions to the store or stores include changes

position, in particular, the purchase or sale, in a short period and that the

the extent of such instructions or transactions corresponds to a significant share of the

the total daily trading volume with that financial instrument to

the relevant regulated market and whether it leads to a significant change of course or other

the price of the financial instrument,



e) whether submitted instructions to the store or made trades focus

in a short period of time during the trading day and that lead to a change of course

or other price of a financial instrument, whose tendency to

subsequently reverses,



f) extent to which brought the best famous bidding changes instructions or

offer prices of a financial instrument admitted to trading

on a regulated market or changes to the participants of the regulated market accessible

a list of instructions, and they are such instructions then before making

cancelled,



g) range in which they are given instructions to the store or made

shops at a time when reference prices are fixed or settlement prices

and they lead to a significant change of course or other financial prices

the tool that has an effect on such pricing,



(h) filing instructions) whether the trade or trades preceded the

or followed by dissemination of false, deceptive or misleading

information by the person who applied for or held business guidelines, or

a person with it linked,



I) whether submission guidelines on the trade or trades preceded the

or followed by the creation or dissemination of false, misleading or

clearly influenced by material interest of investment recommendations pursuant to §

paragraph 125. 6 of the Act by the person who applied for or held the store guidelines

or person linked with it, or



j) whether the procedure or did not meet the conditions for recognition of a market

procedure according to § 126 paragraph. 8 of the Act.



§ 8



Assessing the suspicion of market abuse



When assessing whether the use of internal information or

market manipulation for the purpose of notification obligations pursuant to § 124

paragraph. 5 or § 126 paragraph. 5 of the Act, a person referred to in section 124 para. 5 or §

paragraph 126. 5 of the Act shall evaluate whether specific circumstances of the transaction reasonably

suspect the use of inside information or manipulation

market; in doing so, evaluate the fact that when its activities

commonly available. When the suspicion of market manipulation is mainly based on

assessment of the factors under section 7.



PART THREE



THE SENDING OF INFORMATION



TITLE I OF THE



THE FORM AND STRUCTURE OF THE SENT INFORMATION



§ 9



The message of the issuer referred to in § 118 paragraph. 1 of the law



(1) the annual report and the consolidated annual report referred to in § 118 paragraph. 1

the Act consolidated half-yearly report and half-yearly report referred to in section 119

paragraph. 1 of the Act in electronic form consist of two parts,

which are the



and a document containing all the essentials) the reports provided for in other

the law ^ 6) in Portable Document Format (pdf extension),

that is sent through the electronic form

the structure is given in annex 1 of this order, and



(b) the completed electronic form) of financial data intended for the competent

the type of information requirements, the structure of the Czech National Bank publishes

no later than three months before the date of implementation of information obligations

manner allowing remote access.



(2) the report of the Board of the issuer in accordance with § paragraph 119a. 1 of the law is

sent as a document in Portable Document Format (extension

PDF) using the electronic form, whose structure is

listed in annex 2 of this order.



§ 10



For more information the issuer's obligations provided for in § 118 paragraph. 1 of the law



(1) the information about the change of rights under section 119b of paragraph 1. 1 of the Act, information about

change the rights under section 119b of paragraph 1. 2 of the Act, information about the new issue

investment securities loan or a loan or a similar

the commitment, as well as about the potential liability under section 119b of paragraph 1. 3 of the Act,

information related to the general meeting or equivalent Assembly

owners of securities representing the share of the issuer in accordance with §

paragraph 120a. 2 and 3 of the Act, the notice of the meeting or of the like

Assembly of the owners of securities representing the share of the

the issuer or the invitation to the general meeting or similar gathering

owners of securities representing the share of the issuer in accordance with §

120b para. 1 (b). and) Act, notice of meeting of owners

bonds or similar gathering of owners of securities

representing the right to repayment of the amount owed pursuant to § 120 paragraph 1. 1

law and information related to the emission of the bonds or similar securities

representing the right to repayment of the amount owed pursuant to § 120 c

paragraph. 1 of the law are sent in a format Portable Document Format

(pdf extension) using the electronic form provided for the

the type of information obligations, whose structure is listed in the

Annexes 3, 4, 5, 5a, 6, and 6a of the Ordinance.



(2) information on the choice of the Member State of the European Union by the issuer pursuant to §

paragraph 123. 1 of the Act is sent in a format Portable Document Format

(pdf extension) using the electronic form, the structure of the

is given in annex 6b of this order.



§ 11



Information obligations related to the voting rights of the issuer

referred to in § 118 paragraph. 1 (b). and) Act



Voting rights notifications pursuant to § 122 para. 1 of the Act,

information on the acquisition or disposal of own shares of the issuer pursuant to § 122

paragraph. 15 of the Act and the information on the total number of voting rights and the amount of

share capital pursuant to § 122 para. 16 of the Act are to be sent

using the electronic form specified for the type of

information obligations, whose structure is given in annexes 7, 8 and

9 of this Ordinance.



§ 12



Internal information, notification of delay the public disclosure of inside information and

for a list of



(1) internal information pursuant to § 125 paragraph. 1 of the law and the notification of delay

the public disclosure of inside information pursuant to § 125 paragraph. 2 of the Act are to be sent

in Portable Document Format (pdf extension) through

an electronic form for the type of information

obligations, whose structure is given in annexes 10 and 11 of this

the Decree.



(2) the list shall be sent through the electronic form

the structure is given in annex No. 12 of this Decree.



section 13 of the



Management transactions



Notice of transaction pursuant to § 125 paragraph. 5 of the Act is sent

using the electronic form, whose structure is listed in the

Annex No. 13 of this Decree.



§ 14



Suspicion of market abuse



Notification of suspicion of use of inside information pursuant to section 124 para. 5

law or market manipulation pursuant to § 126 paragraph. 5 of the Act is sent

using the electronic form, whose structure is listed in the

Annex No 14 of this Ordinance.



TITLE II



THE METHOD OF SENDING INFORMATION



§ 15



A standard way of sending information



(1) the completed electronic form specified for the type of information

obligations under section 9 to 14 shall be sent by the issuer referred to in § 118 paragraph. 1

the law, the issuer referred to in section 121a of the Act, the issuer of the financial instrument,

another person, the notifier mandatory holding of voting rights pursuant to §

paragraph 122. 1 of the law, the notifier suspicion of use of inside information

under section 124 para. 5 of the Act, the notifier managerial transactions under §

paragraph 125. 5 of the Act or the notifier of market manipulation pursuant to § 126

paragraph. 5 of the Act (hereinafter referred to as the "reporting person"), Czech National Bank

through Internet applications the Czech National Bank for the collection

information obligations and registration of the entities.



(2) if the size of the document, in which is mentioned the annual report and

the consolidated annual report referred to in § 118 paragraph. 1 of the Act, and the half-yearly

the report and the consolidated half-yearly report referred to in section 119 paragraph 1. 1 of the Act,

does not allow sending in a manner referred to in paragraph 1 shall send an issuer referred to in

§ 118 paragraph. 1 of the Act, the issuer referred to in section 121a of the Act or other mandatory

person of the Czech National Bank information on technical data medium.



(3) the information referred to in paragraphs 1 and 2 must be signed by the contact person

(section 18) if



and sent by the issuer) is referred to in § 118 paragraph. 1 of the Act, the issuer


referred to in section 121a of the Act, the issuer of the financial instrument (hereinafter referred to as

"issuer") or another person liable



(b)) are sent by the notifier holding of voting rights pursuant to § 122

paragraph. 1 of the Act, by the developer of the suspected use of inside information

under section 124 para. 5 of the Act, by the developer management transactions under §

paragraph 125. 5 of the Act, or by the developer market manipulation pursuant to § 126

paragraph. 5 of the Act (hereinafter referred to as "the notifier") who is a natural person and

their informational obligation personally, or



(c)) is sent by a notifier who is a legal person and its

information obligation through a person acting in its

on behalf of and is authorized to do so under another law ^ 7).



(4) in cases not covered by paragraph 3, the information shall be

According to the decree signed by the notifier. If this notifier

a legal person, the information must be in accordance with this Decree, signed

the person who acts on its behalf and it is authorized to do so by another

^ 7) legislation.



(5) signature of contact person (section 18) and the notifier in accordance with paragraph 4 shall

have the form of an advanced electronic signature based on a

the qualified certificate issued by an accredited provider

certification services (hereinafter referred to as "recognised electronic signature") ^ 8); It

does not apply in the case of notification of suspicion of use of internal information according to the

section 124 para. 5 of the Act and the announcement of market manipulation pursuant to § 126 paragraph. 5

the law.



(6) the reporting person shall bear the information provided for in paragraphs 1 and 2 of the unique

identification.



section 16 of the



Alternative means of transmission of certain information



(1) the notification of voting rights pursuant to § 122 para. 1 of the law

can be sent without a recognised electronic signature, if

holding of voting rights, the notifier shall send simultaneously to the notification also



and in paper format on) the form provided with your notarized

signed or notarized signature of contact person (section 18), or



(b)) through its data mailbox ^ 9) or a data box

contact person (section 18).



(2) the notice of transaction pursuant to § 125 paragraph. 5 of the Act may be sent without

a recognised electronic signature, if the notifier managerial

the transaction also will send notifications



and in paper format on) the form provided with your notarized

signed or notarized signature of contact person (section 18), or



(b)) through its data or data boxes contact

persons (section 18).



(3) If, for technical reasons, suspected of using internal

information pursuant to section 124 para. 5 of the Act, or of market manipulation pursuant to §

paragraph 126. 5 of the Act sent electronically, you may be notified



and fax the form with) the designation of the appropriate type from the

market abuse provided by signing the whistleblower of suspected use of

internal information under section 124 para. 5 of the Act or the notifier

market manipulation pursuant to § 126 paragraph. 5 of the Act, or the contact person (§

18) on the fax number that the Czech National Bank publishes way

allowing remote access,



(b)) in paper format on a form with the indication of the type

suspicion of market abuse provided by signing the whistleblower of suspected

use of inside information pursuant to section 124 para. 5 of the Act or the notifier

market manipulation pursuant to § 126 paragraph. 5 of the Act, or the contact person (§

18), or



c) exceptionally, if there is a risk of default by the Czech national

Bank on the telephone number that the Czech National Bank publishes way

allowing remote access; the notifier suspicion of use of internal

information pursuant to section 124 para. 5 of law handling by the notifier, or

market pursuant to § 126 paragraph. 5 of the Act shall notify the suspect then, as soon as

circumstances permit, and at the latest within 5 days of the findings, one of the ways

According to letters and) and (b)) or under section 15 para. 1, 3, 5 and 6.



§ 17



Correction of the information



(1) if the reporting person finds that sent the information contains

incorrect or incomplete information, shall be sent without delay to the Czech National Bank

the corrected information that proceed in the manner referred to in section 15 or in

the case of the notifier in § 16; in the corrected information stating the contents and reasons

corrections.



(2) the reporting person shall bear the corrected information referred to in paragraph 1 also

unique identification of the original information.



section 18



Contact person



(1) the reporting person that sends the information through the contact

the person of the Czech National Bank



and) the name or names, and surname of the contact person



(b) the address of the workplace, phone), fax number and electronic address of the

e-mail of the contact person



(c)) the data on the qualified certificate issued by the contact person.



(2) the reporting person shall communicate to the Czech National Bank without undue delay

also, any change in the information referred to in paragraph 1.



PART FOUR



FORM AND MANNER OF PUBLICATION OF MATERIALS THAT WILL BE COMPULSORY INFORMATION



§ 19



A form of compulsory information materials information



(1) the issuer or other obligor shall publish a compulsory uveřejňovanou

information in the form of a data file suitable for download, in the format

Portable Document Format (pdf extension) or, if it is not possible to use

the format of the Portable Document Format (pdf extension), another data format

commonly used in electronic trade, which does not allow changing the contents.



(2) the issuer or other obligor to distinguish compulsory uveřejňovanou

information from other published information and mandatory from their

commercial and promotional communications so that it could not be confused with them.



(3) the issuer of a financial instrument or other obligatory person shall ensure that

uveřejňovaná was in the form of internal information referred to in paragraphs 1 and 2

accessible for at least 5 years from publication, or after the time when the

financial instrument admitted to trading on a regulated market established in

Member State of the European Union, if this period is shorter than 5 years.



section 20



The way the publication of materials that will be compulsory information



(1) Compulsory information, the issuer will publish the uveřejňovanou or other

mandatory person in a manner allowing remote access in full,

the way in which issuers typically post information about their activities.

In so doing, shall in particular ensure that the public website without

limiting accessible free of charge in a manner allowing remote access and to

You can easily find in the usual way by business name

or the name of the issuer.



(2) at the same time, the issuer or other obligor shall ensure publication of the compulsory

consolidation of information materials through the financial

the Internet portal, which deals with the dissemination of information related

to the capital market and is the bulk and regularly visited by (the

"Internet portal"), or the agency that deals with the dissemination of

information relating to the capital market (hereinafter referred to as "the Agency");

list of Internet portals and agencies shall publish, Czech National Bank

manner allowing remote access. In the case of the publication of the annual

reports and consolidated annual reports in accordance with § 118 paragraph. 1 of the Act,

half-yearly reports and the consolidated half-yearly report pursuant to section 119 paragraph 1. 1

the law and the reports of the statutory body of the issuer in accordance with § paragraph 119a. 1

It is sufficient for publication through an Internet portal or

the Agency, a hyperlink to the website of the issuer,

referred to in § 118 paragraph. 1 of the Act, the issuer referred to in section 121a of the law

or other obliged entities, on which it is mandatory information in uveřejňovaná

the complete version published.



(3) upon performance of the obligation in paragraph 2 to the issuer or other mandatory

the person shall be released in addition to the mandatory information



and) indicate that this is a mandatory uveřejňovanou information



(b) details of the person) ^ 11) the issuer referred to in § 118 paragraph. 1 of the Act,

the issuer referred to in section 121a of the Act or the issuer of the financial instrument,



(c) the designation of the) compulsory information is uveřejňovanou, and



(d)), the date and time when the issuer or other obligor compulsory

uveřejňovanou information manager or agency Internet portal

have posted.



(4) the issuer or other obligor shall be sent by the Internet Manager

Portal or compulsory uveřejňovanou information to the Agency in a way that

It is safe, minimizes the risk of damage to data and unauthorized

access and provides certainty as to the source of the materials that will be compulsory

information. The issuer or other obligor shall also ensure the fastest

remedy for any failure or interruption of sending compulsory materials

information. The issuer or other obligor is not responsible for the system

errors or shortcomings of the Internet portal, or of the Agency, which was

compulsory information is sent to uveřejňovaná.



(5) if the issuer or other obligor determines that published

compulsory uveřejňovaná information contains incorrect or incomplete information,

shall publish without delay the corrected information to the same mandatory uveřejňovanou

the way was published the original compulsory uveřejňovaná information;

in the revised mandatory materials indicates the contents of and the reasons for the corrections.

The issuer or other obligor shall bear the corrected compulsory uveřejňovanou

information, to the unique identification of the original information.



(6) if the issuer or other obligor will publish compulsory


uveřejňovanou information, in another Member State of the European Union in accordance with

legislation of another Member State, shall ensure that

the publication took place at the same time.



PART FIVE



THE RANGE OF RELEVANT DATA RELATED TO COMPULSORY UVEŘEJŇOVANOU

INFORMATION



section 21



The range of relevant data related to compulsory uveřejňovanou

information



Material information relating to the compulsory uveřejňovanou of information are



and details of the natural person) ^ 12), which must uveřejňovanou information

sent to the publication of the Internet portal, the administrator or to the Agency,



(b)) details about ensuring safe sending under section 20 (2). 4,



(c)), the date and time when it was compulsory for the uveřejňovaná information is sent to the administrator

Internet portal, or to the Agency,



(d) the business name or name), registered office and identification number of the administrator

Internet portal or the Agency where it has been assigned, and



e) date, time and reason for any restrictions that the issuer information

or other party allied with compulsory uveřejňovanou information.



PART SIX



THE COMPARABILITY OF THE OBLIGATIONS OF THE ISSUER OF A THIRD COUNTRY



§ 21a



The comparability of the obligations of the issuer of a third country



Obligations imposed by the issuer, which has its registered office in a State which is not

Member State of the European Union (hereinafter referred to as "the issuer of a third State"),

are comparable with the obligations provided in § 118-119a, section 120a

paragraph. 1 (b). and, § 120 paragraph 1). 1 or § 122 para. 15 or 16 of the Act,

If the law of the State in which the issuer of a third State operates, establishes

at least the requirements set out in annex No. 15 of this Decree.



PART SEVEN



TRANSITIONAL AND FINAL PROVISIONS



section 22



Transitional provisions



(1) the information obligation incurred before the date of entry into force of this

the Decree shall fulfil the reporting person in the manner prescribed by the previous legal

regulations. The list of persons having access to internal information,

created according to the existing legislation, the issuer holds

financial instrument for at least 5 years since its creation, and from each

his updates.



(2) until the date on which the Czech National Bank shall publish a notice in the Gazette of the United

the National Bank as the day from which will follow section 127a of the paragraph. 1

(a). a) to (c)) and paragraph 2. 2 of the Act, the information sent by electronic

mail to the address of the electronic registry of the Czech National Bank or

through a data box in the data box of the Czech National Bank

from the date of the establishment of the ^ 13) so that it is in the electronic

mail "subject" or "thing" of a data message shall indicate the type of information

obligations, with the result that



According to the document) § 9 para. 1 (b). (a)) 2 of this order and

information according to § 10, section 12 paragraph 1. 1 and section 14 of this order are sent

in Portable Document Format (pdf extension),



(b)) the electronic financial data form designated for the type of

information obligation according to § 9 para. 1 (b). (b)) of this order, and

information pursuant to § 12 para. 2, section 11 and 12 of this order are sent in

the format of the Excel Worksheet (.xls extension).



(3) paragraph (2) is without prejudice to article 15, paragraph 2. 2 and section 16 of this Ordinance.



Article 23 of the



The effectiveness of the



This Decree shall enter into force on 1 January 2000. August 2009.



Governor:



doc. Ing. Tůma, CSc. v. r.



Annex 1



The annual report and the consolidated annual report referred to in § 118 paragraph. 1 and

half-year report and the consolidated annual report referred to in section 119 paragraph 1. 1

law



The electronic form contains, in particular, identify the type of information

obligations, unique identification information, or a unique

identify the original information and content, and the reasons for the corrections, identify

the person of the issuer and other obliged entities, the last day of the period for which the

draws up a report, supplementary information, details of the audit firm

and/or auditor report and identify a contact person. The filled-in

the electronic form will join the annual report, the consolidated

annual report, half-year report or consolidated half-year report

According to § 118 paragraph. 1 and section 119 paragraph 1. 1 of the law.



Annex 2



Report of the statutory authority of the issuer in accordance with § paragraph 119a. 1 of the law



The electronic form contains, in particular, the unique identification

information, where appropriate, the unique identification of the original information and content, and

the reasons for the corrections, identify the person of the issuer and other obliged entities, period,

in the report be drawn up, additional information and identification

the contact person. The filled-in electronic form shall be attached

report of the statutory authority of the issuer in accordance with § paragraph 119a. 1 of the law.



Annex 3



For information about changing the rights under section 119b of paragraph 1. 1 of the Act, and information on changing

rights under section 119b of paragraph 1. 2 of the Act



The electronic form contains, in particular, identify the type of information

obligations, unique identification information, or a unique

identify the original information and content, and the reasons for the corrections, identify

the person of the issuer, the ISIN of the investment facility, identify the other mandatory

persons short title information, additional information and identification

the contact person. The filled-in electronic form shall be attached

for information about changing the rights under section 119b of paragraph 1. 1 paragraph or section 119b. 2

the law.



Annex 4



Information about the new issue of investment securities loan or

loan or a similar commitment, as well as about the potential liability under section

119b para. 3 of the law



The electronic form contains, in particular, the unique identification

information, where appropriate, the unique identification of the original information and content, and

the reasons for the corrections, identify the person of the issuer and other obliged entities, a brief

the name information, additional information and identification of the contact person. To

filled-in electronic form on the new issue information

investment securities, loan or a loan received or the like

the commitment, as well as the potential liability of the issuer or a third party

relating to these investment securities under section 119b of paragraph 1. 3

the law.



Annex 5



Information related to the general meeting or equivalent Assembly

owners of securities representing the share of the issuer in accordance with §

paragraph 120a. 2 and 3 of the law



The electronic form contains, in particular, the unique identification

information, where appropriate, the unique identification of the original information and content, and

the reasons for the corrections, identify the person of the issuer and other obliged entities, a brief

the name information, additional information and identification of the contact person. To

the filled form electronically connects related information

by the general meeting or similar Assembly of the owners of securities

shares representing the issuer in accordance with § 120a para. 2 and 3 of the law. ".



Annex 5a



The notice of the meeting or similar gathering of owners of

securities representing the share of the issuer or an invitation to

General meeting or similar gathering of owners of securities

shares representing the issuer under section 120b para. 1 (b). and)

law



The electronic form contains, in particular, the unique identification

information, where appropriate, the unique identification of the original information and content, and

the reasons for the corrections, identify the person of the issuer and other obliged entities, a brief

the name information, additional information and identification of the contact person. To

the filled form will connect electronically the notice of the meeting

meeting or similar gathering of owners of securities

shares representing the issuer or an invitation to the general meeting

or a similar gathering of owners of securities shares representing

on the issuer under section 120b para. 1 (b). and the law. ").



Annex 6



Announcement of the bond holders ' meeting or similar gathering

the owners of the securities representing the right to repayment of debt

amount pursuant to § 120 c of paragraph 1. 1 of the law



The electronic form contains, in particular, the unique identification

information, where appropriate, the unique identification of the original information and content, and

the reasons for the corrections, identify the person of the issuer, the ISIN of the investment facility,

identify other obliged entities, short title, additional information

information and identification of the contact person. The filled-in electronic

the form joins a notice of meeting of owners of the bonds or

a similar gathering of owners of securities representing a right to

the repayment of the amount owed pursuant to § 120 paragraph 1. 1 of the law.



Annex 6a



Information related to the emission of bonds or securities of the

representing the right to repayment of the amount owed pursuant to § 120 paragraph 1. 1

law



The electronic form contains, in particular, the unique identification

information, where appropriate, the unique identification of the original information and content, and

the reasons for the corrections, identify the person of the issuer, the ISIN of the investment facility,

identify other obliged entities, short title, additional information

information and identification of the contact person. The filled-in electronic

the form will connect information associated with bond issues or

securities representing the right to repayment of the amount owed

pursuant to § 120 paragraph 1. 1 of the law.



Annex 6b



Information about the choice of the Member State of the European Union by the issuer in accordance with § 123

paragraph. 1 of the law



The electronic form contains, in particular, the unique identification


information, where appropriate, the unique identification of the original information and content, and

the reasons for the corrections, identify the person of the issuer, the selected state of the European Union,

additional information and the identification of the contact person.



Annex 7



Voting rights notifications pursuant to § 122 para. 1 of the law



The electronic form contains, in particular, the unique identification

information, where appropriate, the unique identification of the original information and content, and

the reasons for the corrections, identify the person of the issuer, the reason for the notification, identification of

the person of the notifier, the identification of persons acting in concert with

by the notifier, on the basis of the agreement, the date of increase, decrease, or the

share, notified the fact, achieved or exceeded the share/shares

the result of the voting rights, designation of shareholders in cases

pursuant to § 122 para. 2 (a). (g)) and h) of the Act, if it differs from the

the whistleblower, the indication of entities controlled by the notifier, which

through holding indirect share of the voting rights, details of

the right to acquire issued securities carrying voting rights attribution

voting rights on the basis of the power of attorney granted for the purposes of one of the General

meeting, additional information, contact details and, where appropriate,

identification of the contact person.



Annex 8



Information on the acquisition or disposal of own shares of the issuer pursuant to § 122

paragraph. 15 of law



The electronic form contains, in particular, the unique identification

information, where appropriate, the unique identification of the original information and content, and

the reasons for the corrections, identify the person to be notified to the issuer, the fact

achieved or exceeded the proportion of shares, the share/after acquisition or disposal

the shares, the date of the change, additional information and the identification of a contact

of the person.



Annex 9



Information on the total number of voting rights and share capital

pursuant to § 122 para. 16 of the Act



The electronic form contains, in particular, the unique identification

information, where appropriate, the unique identification of the original information and content, and

the reasons for the corrections, identify the person of the issuer, the total number of the voting

rights, amount of capital, additional information and identification

the contact person.



Annex 10



Internal information pursuant to § 125 paragraph. 1 of the law



The electronic form contains, in particular, the unique identification

information, where appropriate, the unique identification of the original information and content, and

the reasons for the corrections, identify the person of the issuer and other obliged entities, a brief

the name information, additional information and identification of the contact person. To

the completed table connects the inside information pursuant to § 125 paragraph. 1

the law.



Annex 11



Notification of delay the public disclosure of inside information pursuant to § 125 paragraph. 2

law



The electronic form contains, in particular, the unique identification

information, where appropriate, the unique identification of the original information and content, and

the reasons for the corrections, identify the person of the issuer, the reason delay exchange information,

mention of specific measures taken by the issuer in accordance with § 3 (1). 2

Decree No. .../2009 Coll., additional information and the identification of a contact

of the person. To the completed table connects the inside information pursuant to § 125

paragraph. 1 of the law.



Annex 12



List of people who have access to inside information pursuant to § 125 paragraph.

4 of the law



The electronic form contains, in particular, the unique identification

information, where appropriate, the unique identification of the original information and content, and

the reasons for the corrections, identify the person of the issuer, a brief name of the internal

information that the list is kept, a unique internal identification

information that the list is kept, the date it was sent to the United

the National Bank's internal information or notification of the delay of publication

internal information, the date on which the list is compiled, the identification of the

the person who has access to inside information, the reason for putting that person in

list, the date of gaining access to internal information, identify the

the person for whom the person who has access to inside information, performs

their activities, where appropriate, the information about the fact that this is an update

the list and the date and reason for the update, additional information and

identification of the contact person.



Annex 13



Notice of transaction pursuant to § 125 paragraph. 5 of law



The electronic form contains, in particular, the unique identification

information, where appropriate, the unique identification of the original information and content, and

the reasons for the corrections, identify the person of the issuer, identify the person

the notifier the notifier's relationship to the issuer, the details of the transaction,

including the identification of investment tool, contact details

the notifier additional information and, where appropriate, the identification of a contact

of the person.



Annex 14



Notification of suspicion of use of inside information pursuant to section 124 para. 5

law or market manipulation pursuant to § 126 paragraph. 5



The electronic form contains, in particular, identify the type of information

obligations, unique identification information, or a unique

identify the original information and content, and the reasons for the corrections, identify

the person of the notifier, the reason why it is required by a person pursuant to section notifier

paragraph 124. 5 and § 126 paragraph. 5 of the Act, the details of the transaction, including

identification of the financial instrument, the data on participants in a transaction, the reasons

notification, additional information and, where appropriate, the identification of the contact person.



Annex 15



The comparability of the obligations of the issuer of a third country



(I) annual report of the issuer of a third country



Annual report of the issuer of a third country has



and financial statements certified by the Auditor),



(b)) a true and fair view of the financial situation, business activities and

the results of the management of the issuer of the non-Member State for the previous financial

period, with an indication of the important factors, risks and uncertainties that

influenced the financial situation, business activities or results

the management of an issuer of a third country, and their impacts; This information

the number includes data and information on the financial situation, business

the activities and results of the management of an issuer of a third country,



(c)) all the important events that have occurred after the end of the financial

period,



(d) the prospects of future development) financial situation, business activities and

the results of the management of the issuer of a third country, and



e) statement of authorized persons of the issuer of a third country to the effect that

According to their best knowledge given the annual report of a true and fair

picture of the financial situation, business activities and results

the management of the issuer of the non-Member State for the previous financial year and of the

prospects of future development of the financial situation, business activities and

the results of operations.



II. The consolidated annual report of the issuer of a third country



1. The consolidated annual report of the issuer of a third country has



and) the financial statements and consolidated financial statements verified by the Auditor,



(b)) a true and fair view of the financial situation, business activities and

the results of the management of an issuer of a third State and its consolidation

a whole in the past financial year, with an indication of the important factors, risks and

uncertainties, which have influenced the financial situation, business or

results of operations of the issuer of a third country and of its consolidated

a whole, and their impacts; This information includes numerical data and

information about the financial situation, business activities and results

the management of an issuer of a third country and of its consolidated Group,



(c)) all the important events that have occurred after the end of the financial

period,



(d) the prospects of future development) financial situation, business activities and

the results of the management of an issuer of a third State and its consolidation

a whole and



e) statement of authorized persons of the issuer of a third country to the effect that

According to their knowledge, the consolidated annual report

true and fair view of the financial situation, business activities and

the results of the management of an issuer of a third country and of its consolidated

a whole in the past financial year and on the prospects of future development

the financial situation, business and results of operations.



2. in the event that an issuer of a third country under the law of the State in which the

governed by must draw up financial statements in addition to the consolidated financial

accounts, the consolidated annual report contains the issuer from the third

the State of this additional information



and the dividend calculation and data) about the ability to pay dividends, if

It is an issuer of a third country referred to in § 118 paragraph. 1 (b). and)

the Act and the



(b)) the data on capital, capital requirements and the requirements of the

the liquidity of an issuer of a third country, if the requirements of the law

the State, which is governed by the stores.



3. the issuer of a third country provides the Czech National Bank on its

the request also other published audited information related to

the data referred to in point 2 and are based on the accounts on an individual basis.

This information can be processed according to the accounting standards of the State

which the issuer of a third country.



III. The financial statements and the consolidated financial statements of the issuer of the third

State



1. the financial statements and the consolidated financial statements are drawn up in

compliance



and) with international accounting standards, which are based directly

of the applicable legislation of the European Union "^ 1") are recognized as applicable in the context of the

The European Union, or



(b)) with the national accounting standards of the State governing the issuer of


third State, governed by the international accounting standards in accordance with equivalent

directly applicable European Union legislation ^ 2).



2. where the financial statements and consolidated financial statements

prepared in accordance with accounting standards referred to in paragraph 1 shall be

an issuer of a third country these accounts also according to accounting

standards referred to in point 1.



IV. The half-yearly report of a third State



1. the half-yearly report of the issuer of a third country has



and) figures and information on the extent of the condensed balance sheet, condensed

profit and loss account and selected explanatory notes on them under



AA) of the international accounting standard IAS 34-Interim financial

reporting, which are annexed to the directly applicable European legislation

Union ^ 14), or



AB) from a national accounting standard of the State in which the issuer of

third country controls the corresponding and equivalent international

accounting standard IAS 34-Interim financial reporting by directly

of the applicable legislation of the European Union ^ 15),



(b) an overview of the financial situation,) business activities and results

the management of an issuer of a third country for the past half-year,



(c) the prospects of future development) financial situation, business activities and

the results of the management of an issuer of a third country in the next half-year,



(d) in the case of) a third country referred to in § 118 paragraph. 1 (b).

and also an inventory of the Act) related party transactions, if they were not

continuously published and



e) statement of authorized persons of the issuer of a third country to the effect that

According to their best knowledge given the half-yearly report of a true and fair

picture of the financial situation, business activities and results

the management of an issuer of a third country for the past half-year and

prospects of future development of the financial situation, business activities and

the results of the management of an issuer of a third country.



2. the Abbreviated balance sheet, abridged income statement and selected explanatory notes

in accordance with point 1 (b). and) always contain items including subtotals,

equivalent to the items contained in the annual report of the issuer of the third

State for the period of the previous year; in the event that the omission of the appropriate

the items in the half-yearly report has been eligible, investors raise false

the idea of property or other assets, liabilities, or other

liabilities, financial position or the profit or loss of the issuer of the

of a third State, an issuer of a third State abridged balance sheets or

abridged income statement about further explanations so as to invoke guilt

ideas.



In the consolidated half-year report of an issuer of a third country



The consolidated half-year report of the issuer of a third country has



and) figures and information on the scope of the interim financial statements, which

for interim financial statements under



AA) of the international accounting standard IAS 34-Interim financial

reporting, which are annexed to the directly applicable European legislation

Union ^ 14), or



AB) from a national accounting standard of the State in which the issuer of

third country controls the corresponding and equivalent international

accounting standard IAS 34-Interim financial reporting by directly

of the applicable legislation of the European Union ^ 15),



(b) an overview of the financial situation,) business activities and results

the management of an issuer of a third country and of its consolidated Group for

the past half-year,



(c) the prospects of future development) financial situation, business activities and

the results of the management of an issuer of a third State and its consolidation

a whole in the following semester,



(d) in the case of) a third country referred to in § 118 paragraph. 1 (b).

and also an inventory of the Act) related party transactions, if they were not

continuously published and



e) statement of authorized persons of the issuer of a third country to the effect that

According to their best knowledge consolidated half-year report

true and fair view of the financial situation, business activities and

the results of the management of an issuer of a third country and of its consolidated

Unit for the past half-year, and about the prospects of future development of the financial

the situation, the business activities and the results of the management of the issuer of the

third State and its consolidated Group.



Vi. Statement of authorized persons of the issuer of a third country



Statement of authorized persons in the annual report, consolidated annual

the report, the half-yearly report and the consolidated half-yearly report of the issuer of the

a third State are associated with the responsibilities of authorized persons or persons in

the issuer of a third country for these messages.



VII. the quarterly financial report of a third State



The issuer of the non-member country publishes a quarterly financial report that

includes a true and fair view of the financial situation, business activities

and the results of the management of an issuer of a third country and its controlled people

for the quarter.



VIII. Acquisition or disposal of own shares by the issuer of a third country



1. the issuer of a third country, which according to the law of the State governing, may

himself or through another person acting on his behalf to acquire

own shares, which reaches a market share of all voting rights

a maximum of 5%, shall publish each achieve or exceed this proportion,

or reduce its stake below this threshold.



2. the issuer of a third country, which according to the law of the State governing, may

himself or through another person acting on his behalf to acquire

own shares, which reaches a market share of all the voting rights between

5% and 10%, shall publish each achieving or exceeding 5% of the shares or

the highest permissible share of, or a reduction in their share under these

the boundaries.



3. the issuer of a third country, which according to the law of the State governing, may

himself or through another person acting on his behalf to acquire

own shares, which reaches a market share of all the voting rights more

than 10% shall publish each reaching or exceeding the 5% or 10% market share,

or a reduction in their share under these boundaries.



IX. The total number of voting rights and capital of the issuer

of a third State



An issuer of a third country shall publish the total number of voting rights and the amount of

of the capital within 30 calendar days from the date on which the

to change them.



X. Content invitations to the general meeting, the notice of the meeting

or the meeting of owners of bonds and other comparable gathering of

a third State



An issuer of a third country provides in the invitation to the general meeting, or

a similar gathering of owners of securities representing the share of the

the issuer of a third country, in the notice of the meeting or

a similar gathering of owners of securities representing the share of the

the issuer of a third country or a meeting of the owners of the bonds or

a similar gathering of owners of securities representing a right to

the repayment of the amount owed at least a place, date and agenda of the

Assembly or meetings.



1) European Parliament and Council Directive 2003/6/EC of 28 June 1999. January

2003 on insider dealing and market manipulation (abuse

the market).



Commission Directive 2003/124/EC of 22 December 2004. December 2003 implementing

Directive of the European Parliament and of the Council 2003/6/EC, as regards the definition and

public disclosure of inside information and the definition of market manipulation.



Commission Directive 2004/72/EC of 29 April 2004. April 2004 implementing

Directive of the European Parliament and of the Council 2003/6/EC as regards accepted

market practices, the definition of inside information in relation to derivatives

derivatives, the establishment of lists of insiders, the notification of transactions

persons discharging managerial responsibilities and the reporting of suspicious transactions.



2) § 3 (1). 1 (b). (d)), and (f)) and paragraph 2. 2 (a). c) to (e)) Law No.

256/2004 Coll. on the capital market, as amended by Act No.

230/2008 Sb.



3) European Parliament and Council Directive 2004/109/EC of 15 December 1999.

December 2004 on the harmonisation of transparency requirements relating to

information about issuers whose securities are admitted to trading

on a regulated market and amending Directive 2001/34/EC, as amended by Directive

The European Parliament and of the Council 2008/22/EC and 2010/78/EU.



Commission Directive 2007/14/EC of 8 June 2004. in March 2007, which establishes the

the detailed rules for implementing certain provisions of Directive 2004/109/EC on the

harmonisation of transparency requirements in relation to information about

issuers whose securities are admitted to trading on a

a regulated market.



4) § 127 paragraph. 1 of the law No. 256/2004 Coll., as amended by Act No. 230/2009

SB.



5) § 2 (2). 1 (b). and) Act No. 256/2004 Coll., as amended by Act No.

230/2008 Sb.



6) for example, Act No. 256/2004 Coll., as amended, the law

No. 513/1991 Coll., the commercial code, as amended, the law

No. 563/1991 Coll., on accounting, as amended.



7 for example, the commercial code).



8) § 11 (1) 1 of the law No. 227/2000 Coll. on electronic signature and

amendments to certain other laws (the law on electronic signature), in

as amended.



9) § 2 (2). 1 of the law No. 300/2008 Coll., on electronic acts and

authorized conversion of documents, as amended by Act No. 190/2009 Coll.




11) § 2 (2). 1 (b). j) Act No. 256/2004 Coll., as amended by Act No.

230/2008 Sb.



12) § 2 (2). 1 (b). j) section 2 of the Act No. 256/2004 Coll., as amended by law

No 230/2008 Sb.



13) § 31 para. 1 of the law No. 300/2008 Coll., as amended by Act No. 190/2009

SB.