Ordinance On Reporting Of Transactions With Securities

Original Language Title: Bekendtgørelse om indberetning af transaktioner med værdipapirer

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Ordinance on reporting of transactions with securities 1 shall be)

Under section 33, paragraph 3 and 5, and section 93, paragraphs 4 and 5, of the law on securities trading, etc., see. lovbekendtgørelse nr. 883 of 9. August 2011, fixed: reporting of transactions conducted with securities which are admitted to trading on a regulated market



§ 1. Securities traders, which are the subject of Chapter 9 of the law on securities trading, etc., are obliged to report information about transactions with securities admitted to trading on a regulated market in this country, a regulated market in a country within the European Union or in a country which has entered into an agreement with the Union in the financial field. Notification must take place as soon as possible and no later than the close of business of the regulated market everyday after the transaction is completed.

(2). Information can be reported by the securities dealer itself, a third party on behalf of, or by a securities speculator trade-matching or reporting system approved by the Danish financial supervisory authority, or by the operator of the regulated market or the company that runs the multilateral trading facility, through whose systems the transaction was completed.

(3). The FSA can approve the match and reporting systems that meet the requirements specified in article 12 of Commission Regulation on the implementation of European Parliament and Council Directive 2004/39/EC as regards record-keeping obligations for investment firms, transaction reporting, market transparency, admission of financial instruments to trading, and definitions of terms for the purposes of that directive.

(4). Reporting of transactions shall be made to the FSA or the FSA, which has empowered to receive reports on behalf of the FSA.

(5). Reporting of transactions must be carried out in one or more formats provided by the FSA.

(6). In reporting on the transactions covered by paragraph 1, with the exception of the transactions in bonds and unit trust, the alert contain information about depot number thereof and the names of the customer on whose behalf the securities dealer has carried out the transaction.

(7). For the reporting of transactions applies the Commission's regulation on the implementation of European Parliament and Council Directive 2004/39/EC as regards record-keeping obligations for investment firms, transaction reporting, market transparency, admission of financial instruments to trading, and definitions of terms for the purposes of that directive.

Reporting of transactions conducted with securities which are admitted to trading on an alternative marketplace as well as with derivatives, which are not admitted to trading on a regulated market, but where the underlying securities are admitted to trading on a regulated market



§ 2. Securities traders, which are the subject of Chapter 9 of the law on securities trading, etc., are obliged to report information about transactions with securities admitted to trading on an alternative marketplace. Notification must take place as soon as possible and at the latest by the alternative marketplace ' closing time everyday after the transaction is completed.

(2). Securities traders, which are the subject of Chapter 9 of the law on securities trading, etc., are obliged to report information about transactions carried out with derivatives, which are not admitted to trading on a regulated market, but where the underlying securities are admitted to trading on a regulated market. Notification must take place as soon as possible and at the latest within everyday life after the transaction is completed.

(3). When a transaction shall mean purchase and sale of a financial instrument, with the exception of securities financing transactions, use of options or covered warrants or primary market transactions (such as issuance, allotment or subscription) in financial instruments.

(4). By securities financing transactions for the purposes or borrowing of shares or other financial instruments, repurchase or reverse repurchase or buy/sell-back agreements.

(5). Information can be reported by the securities dealer itself, a third party on behalf of, or by a securities speculator trade-matching or reporting system approved by the Danish financial supervisory authority, or of the company that runs the alternative marketplace or multilateral trading facility, through whose systems the transaction was completed.

(6). The FSA can approve the match and reporting systems 1) ensures the reported data security and confidentiality, 2) provides mechanisms for the identification and correction of errors in an alert 3) provides mechanisms for authenticating the source of the alert, 4) include appropriate security measures, so that the transmission can be resumed as soon as possible in case of system failure, and 5) enables the transmission of the information required pursuant to section 3 in the format that financial supervision shall determine and within the time limit laid down in paragraph 1.

(7). Reporting of transactions shall be made to the Danish financial supervisory authority or to the Danish financial supervisory authority, which has authorised to receive reports on behalf of the FSA.

(8). Reporting of transactions must be carried out in one or more formats provided by the FSA.

(9). Reporting of transactions must be done electronically. The Danish financial supervisory authority may in exceptional cases derogate therefrom, if reporting of transactions can take place through a different medium that enables storage of information in a way that gives the FSA access to them for future use.

§ 3. Reporting of transactions with securities admitted to trading on an alternative marketplace, as well as with derivatives, which are not admitted to trading on a regulated market, but where the underlying securities are admitted to trading on a regulated market, shall contain the following information: 1) the identification of the reporting company.

2) trading day.

3) Trading time.

4) Purchase-and sales indicator.

5) trading capacity.

6) identification of security (instrument).

7) security code type.

8) identification of the underlying security.

9) Code type for the identification of the underlying instrument.

10) Instrument type.

11) due date.

12) Derivative type.

13) Put/call.

14) Agreement rate.

15) Price multiplier.

16) unit price.

17) Price quotation.

18) quantity.

19) Quantitative listing.

20) Counterpart.

21) identification of the trading system.

22) transaction reference number.

23) the cancellation Declaration.

24) deposit account on the customer on whose behalf the securities dealer has carried out the transaction.

25) name of the client on whose behalf the securities dealer has carried out the transaction.

(2). (1). 24 and 25 shall not apply to reports of transactions in bonds and unit trust, which is admitted to trading on an alternative marketplace.

(3). (1). 24 and 25 shall not apply to reports of transactions carried out with derivatives, which are not admitted to trading on a regulated market, if the underlying security is a bond or a unit certificate is admitted to trading on a regulated market.

(4). Notwithstanding paragraph 1, include only the alert information that is relevant to the type of securities, and that the FSA has indicated that the FSA is not already in the possession of or do not have access to otherwise.

(5). With a view to the identification of a counterparty to the transaction, if the counterparty is an alternative marketplace or another undertaking, acting as a central counterparty, presenting the Danish financial supervisory authority a list of identifiers for the alternative marketplaces and all other entities acting as central counterparties for an alternative marketplace.

Penalty



§ 4. Violation of section 1, paragraphs 1 and 4-6, § 2, paragraph 1, 2 and 7-9, and article 3, paragraph 1, are punishable by a fine.

(2). Violation of articles 7 and 8, article 12, paragraph 1, and article 13, paragraph 1, of the Commission's regulation on the implementation of European Parliament and Council Directive 2004/39/EC as regards record-keeping obligations for investment firms, transaction reporting, market transparency, admission of financial instruments to trading, and definitions of terms for the purposes of that directive are punishable by a fine.

(3). Imposed on corporations, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

Date of entry into force of



§ 5. The notice shall enter into force on the 1. September 2011.

(2). At the same time repealed Executive Order No. 1189 by 10. October 2007 on the reporting of transactions with securities.

The Danish financial supervisory authority, the 26. August 2011 Ulrik Nødgaard/Hanne Råe Larsen Official notes 1) Ordinance contains provisions implementing parts of the European Parliament and of the Council Directive 2004/39/EC of 21. April 2004 on markets in financial instruments, amending Council directives 85/611/EEC and 93/6/EEC and European Parliament and Council Directive 2000/12/EC and repealing Council Directive 93/22/EEC (Official Journal of the European Union 2004, nr. L 145, p. 1), (MiFID) and parts of the European Parliament and Council Directive 2006/31/EC of 5. April 2006 amending Directive 2004/39/EC on markets in financial instruments, as regards certain deadlines (the official journal of the European Union 2006, nr. L 114, p. 60), (snooze).

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