Notice of financial firms and investment associations, etc. required to publish the Danish FSA assessment of the company and investment Association, etc.
Under section 347 (a) and § 373, paragraph 4, of the financial business Act, see. lovbekendtgørelse nr. 885 of 8. August 2011, and § 200 and section 221, paragraph 3, of law No. 456 of 18. May 2011 about mutual funds, etc., shall be set: scope
§ 1. The notice applies to financial companies (hereinafter referred to as the ' company ') and mutual funds, special funds, hedge funds and approved fåmandsforeninger (hereinafter referred to as ' Association ').
§ 2. After each inspection of an undertaking or an association shall prepare the Danish financial supervisory authority a statement that the company or the Association to publish. The statement describes the FSA assessment of company or association, including the core orders, reprimands and risk information, such as company or association has received from the Danish financial supervisory authority.
(2). Companies and associations shall also outside the cases referred to in paragraph 1 to publish a statement prepared by the Danish financial supervisory authority, which contains the orders, reprimands and risk information after FSA assessment is of importance for the company's customers, depositors, other creditors or the financial markets, in which the shares in the company or securities issued by the company are traded, or are of importance for the Association's investors or creditors.
(3). When a decision is published in accordance with § 354 a, paragraph 1, of the financial business Act, § 211, paragraph 1, of the Act on investment associations, etc. or § 84 (c), paragraph 1, of the law on securities trading, etc., and the decision contains all the regulatory reactions that would otherwise be contained in one of the Danish financial supervisory authority prepared statement, company or association must apply the decision of the Councils published as statement pursuant to paragraph 1 , 1. paragraph and paragraph 2.
(4). A statement in accordance with paragraph 1 or 2 shall not contain confidential information about customer relations or information subject to the provisions of the law on transparency in the management of the exception of information about private matters and operational or business conditions, etc.
§ 3. Publication in accordance with § 2 (1) and (2) shall not happen if, after FSA assessment will result disproportionate harm to the company or the Association, or if investigative considerations militate against disclosure.
(2). If disclosure is omitted in accordance with paragraph 1 shall be published, when the account, which necessitated the omitted Act is no longer applicable. However, this applies only for up to two years following the decision on deferment of publication.
Form requirements for publication
§ 4. When your company or association has received a statement from the Danish financial supervisory authority, without prejudice to article. section 2, paragraphs 1 to 3, the company or the Association to publish the statement no later than 20:00. 12 noon on the last day of the quarter to which the company or the Association has received the statement of company or association. to publish the statement on its website in a location where it naturally belongs. When the company or the Association has published the statement, this shall be communicated to the Danish financial supervisory authority, which will then also need to publish the statement on its website. Removal of the statement from the company's or Association's Web site shall take place in accordance with the same principles as the company or association applying for other messages, but no earlier than after next general Assembly or Council meeting. If your company or association do not have a website, company or association must publish the statement in a newspaper, there are nationwide or have wide circulation in Denmark, or in some other way in which the company or association can prove that statement reaches the in section 2, paragraph 2, referred to persons in Denmark.
(2). Expires the deadline referred to in paragraph 1. item, in one weekend, on a holiday or new year's Eve, the deadline should be extended until the first following working day.
(3). The FSA can no matter (1), (3). point, publish the statement on its Web site before the company in cases where the company has purely technical or practical problems with the publication or in cases where the company's lack of disclosure is without real justification.
(4). At the same time with the publication in accordance with paragraph 1 1. paragraph, company or association must insert a link, which provides direct access to the exposition, on the front page of the company's or Association's website in a visible way. Link or any associated text must clearly indicate that this is a statement from the Danish financial supervisory authority. Removal of the link and a possibly associated with text from the front shall not happen, when these have been on the site's front page for eight consecutive weeks, but no earlier than after next general Assembly or Council meeting.
(5). If your company or association to comment on FSA statement pursuant to section 2, paragraphs 1 to 3, shall be in the extension of the exposition, and the explanatory statement must be clearly separated from the statement.
(6). Rules about disclosure after the stock exchange law prior to this announcement.
(7). If the publication has failed as provided for in paragraph 6, is to be done when the stock exchange disclosure rules, which necessitated the omitted Act is no longer applicable. However, this applies only for up to two years following the decision on deferment of publication.
§ 5. With fine punished anyone who fails to comply with requirements for disclosure under section 2, paragraph 1 1. paragraphs, and paragraphs 2 and 3, and the provisions of section 4, paragraphs 1, 4 and 5.
(2). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter. 1. articles apply only companies.
Date of entry into force of
§ 6. The notice shall enter into force on the 1. January 2012.
(2). Executive Order No. 1668 by 21. December 2010 on financial companies ' obligation to publish the Danish FSA assessment of the company are hereby repealed.
The Danish financial supervisory authority, the 16. December 2011 Ulrik Nødgaard/Mark Rønnenfelt