With Regard To Amendment And Supplement The Regulation On Disclosure By The Professional Participants Of The Non-Banking Financial Market Information Concerning Acordareaserviciilor, Approved By The Decision Of The Commission Of The National Financia M...

Original Language Title: cu privire la modificarea și completarea Regulamentului cu privire la dezvăluirea de către participanţii profesionişti la piaţa financiară nebancară a informaţiei privind acordareaserviciilor, aprobat prin Hotărîrea Comisiei Naționale a Pieței Financia

Read the untranslated law here: https://www.global-regulation.com/law/moldova/5967079/cu-privire-la-modificarea-i-completarea-regulamentului--cu-privire-la-dezvluirea-de-ctre-participanii-profesioniti-la-piaa-financiar-nebancar-a-inform.html

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with regard to amendment and supplement the regulation on disclosure by the professional participants of the non-banking financial market information services, approved by the decision of the National Commission of Financial Market nr. 8/6 from 26.02.2010



Published: 23.02.2016 in Official Gazette No. 43 art Nr 344: date of entry into force: 23.03.2016 RECORDED: Ministry of Justice of the Republic of Moldova nr. 1101 of 16 February 2016 under article 8 b), art. 21 para. (1), article 22 para. (1) and article 25 paragraph 1. (2) of law No. 192-XIV of 12.11.1998 "Concerning the National Commission for financial market" (republished in the Official Gazette of the Republic of Moldova, 2007, nr. 117-126 BIS) article 88, paragraph 1. (5) and article 140 paragraph 1. (15) d) of law No. 171 of 11.07.2012 "capital market" (Official Gazette of the Republic of Moldova, 2012, no. 193-197, 665), the NATIONAL COMMISSION of FINANCIAL MARKET DECIDES: 1. Regulation on the disclosure of the professional participants of the non-banking financial market information services, approved by the decision of the National Commission of Financial Market nr. 8/6 from 26.02.2010 (Official Gazette of the Republic of Moldova 2010, no. 81-82, art. 310) is modified and completed as follows: 1) in point 2, the words "professional participants of the securities market" shall be replaced with the words "persons licensed or authorized capital market".
2) section 3 is amended and shall read as follows: "3. The participant shall be obliged to put professional available to the general public and fair and transparent information to clients, supplied within the time limits and in the manner established by this regulation."
3 in point 5): enacting is amended and shall read as follows: "5. The participant shall be obliged to put professional available to the general public and clients with at least the following information:";
in subparagraph (1)), after the word "name" is completed with the word "complete";
the menu item 11), after the word "licence" shall be supplemented with the words "and/or authorization issued by the National Commission of financial market (hereinafter-Board)", and the phrase "in cases when the participant's professional activity is subject to licensing" is excluded.
4 in section 6), the words "its internet network" shall be replaced with the words "web" and the numbers "15" shall be replaced with the numeral "5".
5) paragraph 7 shall be added to the menu item 8) with the following content: "8) contract-type of provision of services."
6) point 8: the menu item 2) the words "financial markets" are mutually exclusive;
to be completed with sub-5) and 6) with the following content: "5) rules or internal procedures regarding the examination and settlement of complaints of customers or potential customers;
6) other rules that may be of interest to customers and the general public. "
7) At paragraph 9: ' 7) "shall be replaced with the figure" 8 ").
8) in point 10, the words "securities market" shall be replaced with the words "capital market".
9) after point 12 shall be filled with 121 points)-122) with the following content: "121. Professional participant assumes all responsibility with regard to the veracity of any information provided and respond in accordance with the legislative and regulatory acts governing the area of non-banking financial market, where it is not genuine.
122. If the participant does not disclose professional information provided for by this regulation, the National Commission has the right to apply sanctions in accordance with the legislative and regulatory acts governing the area of non-banking financial market. "
10) paragraph 14 is amended and shall read as follows: "14. In addition to the information referred to in article 59 paragraph 2. (1) and paragraph 1. (2) of law No. 171 of 11.07.2012 relating to the capital market, investment firms shall be obliged: 1) make public information relating to the work programme;
2) make public information regarding membership in the context of a regulated market or a multilateral trading system;
3) make public information about the investor compensation fund, the purpose of its activity and the date of awarding of membership of the Fund. "
11) point 15 is excluded.
12) point 16 is amended and shall read as follows: "16. In the framework of activities on the capital market, fiduciary management company investment for each undertaking for collective investment in transferable securities investment company which administered/shall be obliged to make self managed publishes the following information: 1) issue prospectus;
2) simplified prospectus/key information document intended for investors;
3) upgraded versions with any alterations of the prospectus of the issue/simplified prospectus/key information document intended for investors;
4) Fund rules/laws, establishing investment company, as well as updated versions of all the changes that have been made;
5) annual financial statements and annual reports and specific semianuale and semianuale;
6) regular reports on the value of net assets and the net assets per unit;
7) contract of civil society, investment fund. "
13) At paragraph 17: the words "the Registrar is obliged" shall be replaced with the words "company register is required";
the word "Registrar" shall be replaced with the words "register" company.
14) after point 17 shall be completed with 171 points)-172) with the following content: "171. In addition to the information referred to in article 71, paragraph 1. (1) paragraphs 1 and 2. (2) and paragraphs 1 and 2. (5) of law No. 171 of 11.07.2012 equity market operator of the regulated market and the multilateral trading system are required to disclose to the public: 1) any suspension or withdrawal of the trading of financial instruments admitted to trading, indicating the reasons for the suspension or revocation;
2) trading, reports in the daily press releases, and all ballots made by the market.
     172. Within the framework of activities on the stock market, central depository shall make public the following information: 1 the central depository) rules;
2) the legal framework governing the activity of the central depository;
3) conditions of access for participants in the clearing and settlement system. "
15) After paragraph 181 shall be supplemented by the following point: 182 "182. Conditions of insurance approved by the insurer shall be published on its own web page, insofar as they do not constitute a trade secret, and is updated within five days of changing them. "
2. this decision shall enter into force one month after the date of publication.