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Ordinance On Reporting Of Transactions With Securities

Original Language Title: Bekendtgørelse om indberetning af transaktioner med værdipapirer

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Table of Contents

Publication of transactions with securities transactions 1)

In accordance with section 33 (4), 3 and 5, and section 93 (3). 4 and 5, in the Act on securities trading, etc., cf. Law Order no. 883 of 9. August 2011 :

Reporting of transactions carried out with transferable securities which are engaged in trade in a regulated market

§ 1. The securities traders covered by Chapter 9 of the Act on securities trading, etc., have a duty to report information on transactions relating to securities trading in a regulated market in this country, a regulated market in a country before in the case of the European Union or in a country with which the Union has concluded an agreement in the financial sphere. The report must take place as soon as possible and, most recently, the closing day of the regulated market after the transaction has been completed.

Paragraph 2. The information may be reported by the trader himself, a third party on behalf of the securities handlers, or by a system of match or reporting system approved by the SEC, or by the operator of the regulated market or the company that, runs the multilateral trading facility through the operation of the transaction.

Paragraph 3. The SEC may approve the matching and reporting systems meeting the requirements set out in Article 12 of the Commission Regulation on the implementation of Directive 2004 /39/EC of the European Parliament and of the Council with regard to registration obligations for investment firms, reporting of transactions, market transparency, the inclusion of financial instruments to trade and the definitions of concepts for the said Directive.

Paragraph 4. The reporting of transactions shall be made to the Financial supervision or the supervision of the Financial Authority to receive the reports on behalf of the Finance Supply.

Paragraph 5. The reporting of transactions shall be made in one or more formats provided by the Financial supervision.

Paragraph 6. In the case of the notification of transactions covered by paragraph 1, 1, with the exception of transactions in bonds and investment unifying evidence, the alert must contain information on the debit number and the name of the customer on whose behalf the securities dealer has completed the transaction.

Paragraph 7. Moreover, for the transmission of transactions, the Commission Regulation on the implementation of Directive 2004 /39/EC of the European Parliament and of the Council is concerned with regard to the registration obligations for investment firms, the reporting of transactions, market transparency, the admission of financial instruments to trade and the definitions of concepts for the said Directive.

Reporting of transactions carried out with transferable securities which are engaged in trade in an alternative marketplace and derivatives which are not available for trade in a regulated market, but where the underlying security document is concerned trade in a regulated market,

§ 2. The securities traders covered by Chapter 9 of the securities trading area, etc., have a duty to report information on transactions with securities admitted to trading in an alternative marketplace. The report must take place as soon as possible and, most recently, the closing date of the alternative marketplace during which the transaction has been completed.

Paragraph 2. The securities traders covered by Chapter 9 of the securities trading area, etc., have a duty to report information on transactions carried out with derivatives which are not available for trade in a regulated market, but where the underlying issue is : transferable securities are included in trade in a regulated market. The report shall be carried out as soon as possible and by the daily working day after the transaction has been completed.

Paragraph 3. For the purposes of a transaction, the purchase and sale of a financial instrument does not, however, provide securities financing operations, the exploitation of options or of the amount of the warrants or the primary market transactions (such as issuance, allocation or drawing) of financial resources ; instruments.

Paragraph 4. In the case of securities financing operations, the means or loans of shares or other financial instruments, genrid or retraders, or buy/sell-back operations shall be rebuy/sell-back.

Paragraph 5. The information may be reported by the transferable trader himself, a third party on behalf of the securities handlers, or by a matching or reporting system approved by the Financial supervision or by the company operating the alternative market place or multilateral trade facility, through which the transaction has been completed.

Paragraph 6. The SEC can approve the match and reporting systems that

1) ensure the security and confidentiality of the reported data,

2) provide mechanisms for identification and correction of errors in a report,

3) contains mechanisms to authenticate the source of the alert,

4) provides appropriate safeguards to enable the reporting to be resumed as soon as possible in the event of a system failure, and

5) permit the reporting of the information required in accordance with section 3 of the format laid down in the Financial Commission and within the time limit laid down in paragraph 1. 1.

Paragraph 7. The reporting of transactions shall be made to the Financial supervision or the supervision of the Financial Authority to receive reports on behalf of the Financial Services.

Paragraph 8. The reporting of transactions shall be made in one or more formats provided by the Financial supervision.

Niner. 9. Notification of transactions must be made electronically. In specific cases, the Financial supervision may be dispensers where the reporting of transactions may be carried out on another medium, enabling the information to be stored in a way that gives financial supervision access to them for future use.

§ 3. Reporting of transactions with securities admitted to trade in an alternative marketplace, plus derivatives which are not available for trade in a regulated market, but where the underlying security paper is concerned with trade in a regulated market shall include the following information :

1) Identification of the reporting company.

2) -Okay.-Okay.

3) Trading time.

4) Purchased and Sales Indicator.

5) Trading capacity.

6) Identification of the securities (Instrument).

7) Code style of the value pack.

8) Identification of the underlying security page.

9) The code type for the identification of the underlying instrument.

10) Instrument Type.

11) Due date.

12) Derivative type.

13) Put / call.

14) Intercourse.

15) Prisonultiplier.

16) Unit price.

17) Prisnotzing.

18) Quantity.

(19) Quantification notation.

20) Counterparty.

21) Identification of the trading system.

(22) Reference number of the transaction.

23) Cancellation declaration.

24) The number of the customer on whose behalf the value paper handler has completed the transaction.

25) Name of the customer on whose behalf the value paper handler has completed the transaction.

Paragraph 2. Paragraph 1, no. Twenty-four and 25 do not apply to reports of transactions in bonds and investment associations which are engaged in trade in an alternative marketplace.

Paragraph 3. Paragraph 1, no. Twenty-four and 25 shall not apply to reports of transactions carried out with derivatives which are not available for trade in a regulated market if the underlying security is a bond or investment association certificate, which is, engaged in trade in a regulated market.

Paragraph 4. Notwithstanding paragraph 1 1 the reporting shall cover only the information relevant to the relevant type of transferable securities and, as the Financial Authority has informed, that the Financial supervision is not already in possession of or does not have access to another.

Paragraph 5. For the purpose of identifying a counterpart to the transaction if the counterpart is an alternative market place or another undertaking acting as a central counterpart, the Financial supervision provides a list of identification codes for the alternative ; market places and all other undertakings acting as central counterparts to an alternative marketplace.

Punishment

§ 4. The withdrawal of section 1 (2). 1 and 4 6, section 2 (2). One, two, and 7-9, and section 3, paragraph 3. One, punishable by fine.

Paragraph 2. Inherit of Articles 7 and 8, Article 12 (2). Article 13 (1) and Article 13 (1). 1, in the Commission Regulation implementing Directive 2004 /39/EC of the European Parliament and of the Council with regard to the registration obligations for investment firms, the reporting of transactions, market transparency, financial inclusion of financial services, the instruments of trade and definitions of concepts for the purposes of that Directive are punished by fine.

Paragraph 3. Companies are being imposed on them (legal persons) punishable by the rules of the penal code 5. Chapter.

Entry into force

§ 5. The announcement shall enter into force on 1. September, 2011.

Paragraph 2. At the same time, notice No 1189 of 10. October 2007 on the reporting of transactions with securities.

Financial supervision, 26. August, 2011

Ulrik Nutgaard

-Hanne Yell Larsen

Official notes

1) The announcement contains provisions which implement parts of Directive 2004 /39/EC of the European Parliament and of the Council of 21. April 2004 on the markets for financial instruments, amending Council Directive 85 /611/EEC and 93 /6/EEC and Directive 2000 /12/EC of the European Parliament and of the Council and repealing Council Directive 93 /22/EEC (EU Official Journal 2004, nr. L 145, s. 1), (MiFID directive) and parts of Directive 2006 /31/EC of the European Parliament and of the Council April 2006 amending Directive 2004 /39/EC on the markets in financial instruments for certain deadlines (EU Official Journal of 2006, nr. L 114, s. (60) (the Translation Directive).