/Entry into force: 2017-02-01/
Chapter 1. Introductory provisions
section 1 of this Act is complementary to the European Parliament and of the Council (EU) of 16 april 2014 if market abuse (market abuse Regulation) and repealing Directive 2003/6/EC and Commission Directive 2003/124/EC, 2003/125/EC and 2004/72/EC (market abuse Regulation).
Terms and expressions in this Act have the same meaning as of Mar.
section 2 of the financial supervisory authority is the competent authority, according to Mar.
section 3 for FSA supervision according to this law, the companies under supervision pay annual fees. The Government may provide for such fees.
Chapter 2. Certain obligations of market abuse regulation
The prohibitions against insider trading and market manipulation
section 1 of the prohibitions against insider trading and market manipulation in articles 14 (a), 14 (b) and 15 of Mar also apply to a natural person who, on behalf of a legal person, decides on the implementation of such measures is prohibited.
Explanation of deferred publication of inside information
section 2 of The who have postponed publication of inside information shall, at the request of the financial supervision authority shall provide an explanation for the inspection referred to in the third subparagraph of article 17(4) of Mar on how the conditions for deferred publication.
Notifications of transactions to the Insider register
Finansinspektionen's insider register
paragraph 3 of the financial supervision authority shall keep, or cause to maintain records (transparency) of the notifications made under article 19(1) — 19.10 of Mar.
Information provided by persons who are no longer subject to the notification obligation may be removed from the register.
The register shall be kept with the help of automatic data processing.
The FSA is a data controller under the data protection Act (1998:204) for the processing of personal data by the registry. The inspection should appropriately inform the data subjects of the registry.
The register shall be public.
paragraph 4 of the financial supervision authority shall, in accordance with article 19(3), first and third subparagraphs of Mar, publish the information notified to the Insider register.
Notification of next of kin who is a minor
§ 5 If a person in leadership positions have a loved one who is a minor and who are subject to the notification obligation pursuant to article 19(1) of Mar, the minor's legal guardian complete the notification requirement for the minor's behalf.
Notifications of financial instruments traded on trading sites
section 6 of the Government or the authority that the Government may provide that such notifications shall be made to the financial supervisory authority in accordance with article 4(1) of Mar instead should be made to the European Securities and markets authority.
Reporting suspected violations
section 7 of The financial undertaking should provide effective reporting system for employees who wish to make complaints about alleged violations of insider dealing.
Personal data Act (1998:204) applies to the processing of personal data in the context of such a reporting system.
Data relating to offences referred to in section 21 of the Act may be processed if the data relates to offences under the Act (2016:1307) where the penalty for market abuse on the securities market.
§ 8 The as is or has been employed by a financial company shall not improperly disclose information in a notification or declaration made to such a reporting system referred to in section 7, if the information may reveal the complainant's or the designated person's identity.
Anyone who is or has been employed by a company referred to in the first subparagraph and has made a notification to such a reporting system referred to therein shall not be held responsible for having breached any confidentiality, if the claimant had reason to believe that a violation had occurred.
section 9 with the financial undertaking mentioned in paragraphs 7 and 8
1. a Swedish company that is
a) aifm authorised in accordance with Chapter 3. section 1 of the Act (2013:561) on alternative investment funds,
b) Stock Exchange under Chapter 1. 5 § 3 teams (2007:528) on the securities market,
c) clearing organisation pursuant to Chapter 1. 5 § 5 the securities market Act,
d) Fund management company pursuant to Chapter 1. paragraph 1(1), 8 teams (2004:46) about mutual funds,
e) insurance companies covered by the insurance business Act (2010:2043)
f) credit institutions pursuant to Chapter 1. 5 § 10 Act (2004:297) on banking and finance law,
g) securities companies pursuant to Chapter 1. 5 paragraph 26 of the securities market Act, or h) central securities depository according to Chapter 1. paragraph 3 of the law (1998:1479) on CSDs and the accounting of financial instruments, and
2. a foreign company that belongs outside the European economic area and which, with the permission of the financial supervision authority, from the branch in Sweden runs the corresponding activities of an undertaking referred to in 1.
10 § whoever has made a report to the financial supervision authority according to article 16.1 or 16.2 of Mar may not improperly disclose for a customer or any third party that the report has been submitted.
The same applies to Board members and employees in a reporting enterprise.
The who has made such a report shall not be made responsible for having breached any obligation of secrecy.
section 11 of The who, without such reporting obligations referred to section 10, has made a notification to the financial supervision authority if a suspected violation of insider dealing shall not be held responsible for having breached any confidentiality, if the claimant had reason to believe that a violation had occurred. This does not apply if the claimant therefore commits crimes.
Chapter 3. Powers of investigation and coercive measures
Injunction to provide information
1 § to monitor that the provisions of the market abuse regulation is complied with, the financial supervision authority shall submit to the
1. a company or anyone else to provide information, documents or other things, and
2. are expected to be able to provide information on the matter to appear for interrogation at the time and place that the inspection is in charge.
The first subparagraph shall not apply to the extent that the provision would be contrary to the law regulated the professional secrecy of lawyers.
Information about transactions on the spot market
2 section For monitoring of the implementation of the provisions of the market abuse regulation is complied with, the financial supervision authority shall submit to the market players on the market places where the underlying assets for commodity derivatives be traded (spot market) to provide transaction reports or other information.
Market participants in the spot market are required to provide, at the request of the FSA inspection access to traders ' system.
Injunction to suspend a certain procedure
section 3, if it is likely that someone has breached market abuse regulation, the financial supervision authority shall submit to the person to cease a particular practice or a specific activity.
The decision on the injunction in force until it has been examined whether the procedure is contrary to Mar or Act (2016:1307) where the penalty for market abuse on the securities market. The decision may, however, be valid for a maximum of six months.
Correction of incorrect or misleading information
paragraph 4 of the financial supervision authority may fix such false or misleading information that may constitute a violation of article 15 of Mar.
The FSA may also submit to the one that has spread such false or misleading information to fix it.
Site survey section 5 When it is necessary for the monitoring of a natural or legal person comply with market abuse regulation, financial supervisory authority conduct an investigation on their premises.
VITE
section 6, an order under any of paragraphs 1 to 4 may be subject to a penalty.
A notice under section 1, first subparagraph 1 shall not, however, be combined with penalties, if
1. There is reason to believe that a person who is put to have committed an act that is a criminal offence, or may lead to the intervention of such a breach as set out in Chapter 5. paragraph 1, and
2. the order relating to the investigation of a matter in connection with the suspected offence or infringement.
If it is to be submitted to a legal person, the second paragraph is also representative of the legal person.
Attachment
7 § to secure the payment of a penalty or reversal because of an infringement as defined in Chapter 5. section 1 (market abuse), law on the application of the financial supervision authority shall decide on the attachment. In the case of such a lien, the provisions of chapter 26. 1, 2, 5, 6 and 8 of the code of judicial procedure on seizure in criminal cases shall apply. In the application, it stated that about 1. offences apply to infringement,
2. fines apply for penalty or reversal, 3. prosecutors applied to the FSA, and
4. prosecution apply to proceedings under Chapter 5. section 21 of this Act.
Application for garnishment must be examined by the Stockholm District Court.
Payment assurance
section 8 in order to secure the payment of a penalty or reversal when a natural or legal person has failed to fulfil its obligation in a manner referred to in Chapter 5. section 2, the property of the person liable for payment of VAT is taken into the claims (payment assurance).
Payment assurance may be decided only if 1. There is a real danger that the natural or legal person by deviating, confiscating property, or proceed otherwise evading to pay the fee or the amount to be returned, and
2. the payment obligation involves a significant amount of money.
If penalty or reversal has not been decided, the payment assurance be decided only if it is likely that this will happen. A payment assurance may not be for a higher amount than the amount of the fine or the reversal is likely to be set at.
A decision on the payment assurance may be taken only if the reasons for the decision or the infringement outweigh but otherwise that decision means for the decision applies or for any other conflicting interests.
§ 9 decision on payment assurance under section 8 is made by the Administrative Tribunal that has jurisdiction to hear an appeal of the FSA's decision about the penalty or reversal. An application for payment assurance shall be made by the financial supervision authority.
In the case of such an application be 46 Cape. paragraphs 9 to 13, 14 paragraph 1, second subparagraph, first sentence, and 20 to 22 of the tax Procedure Act (2011:1244) are applied. In the application to those mentioned there if the tax agency shall apply to the financial supervision authority.
section 10 on the review of the enforcement of a decision concerning payment assurance, chapter 69. paragraphs 13 to 18 and 71. Article 1, first paragraph the tax Procedure Act (2011:1244) are applied. In the application to those mentioned there if the tax agency shall apply to the financial supervision authority.
Powers under other laws
section 11 of Chapter 6. 22 section 9 Act (2003:389) on electronic communication provides for the right for the FSA to bring out details from the provider of an electronic communications network and/or an electronic communications service.
section 12 of Chapter 22. section 2 of the Act (2007:528) securities market provides for the right for the FSA to decide about the trading halt.
Notification of offences paragraph 13 of Chapter 3. section 1 of the Act (2016:1307) where the penalty for market abuse on the securities market provides for the obligation for the FSA to report to prosecutors when there is reason to believe that an offence under the Act has been committed.
Regulatory cooperation
paragraph 14 of the financial supervisory authority and the Prosecutor shall cooperate to facilitate investigations of offences under the Act (2016:1307) where the penalty for market abuse on the securities market and investigations of offences specified in Chapter 5. section 1 of this Act.
International cooperation
section 15 of the financial supervision authority shall, within the framework of their competence, at the request of a foreign authority competent to supervise the corresponding monitoring inspection exercises in accordance with this Act, submit or verify information that is needed to the foreign authority to exercise its oversight. However, this applies only to the extent that it follows from an agreement on cooperation which the financial supervision authority, with the support of the Government's authorization, has entered into with the foreign authority.
If a request concerns legal assistance in criminal matters, the Act (2000:562) on international legal assistance in criminal matters.
Chapter 4. Investigations following the decision by the Court
Prerequisites for examination
section 1 the Court may, on application by the Swedish financial supervisory authority may decide that the inspection must carry out an examination of the business premises of a natural or legal person to investigate if the person has violated any of the prohibitions in article 14 a, 14 b, or 15 of Mar. Such an application may be granted, if
1. There is reason to believe that a violation has occurred,
2. the study does not intend to comply with a notice under Chapter 3. § 1 or otherwise there is a risk that the evidence withheld or distorted, and
3. the importance of the measure to be taken is sufficient to outweigh the infringement or otherwise, but that action means for the affected by the measure.
section 2 of a decision pursuant to paragraph 1 may relate to other natural or legal person other than the person who is the subject of an investigation, if
1. as provided in article 1 1 and 3 are fulfilled,
2. There are specific grounds to believe that evidence of the person, and
3. the person fails to comply with a notice under Chapter 3. § 1 or otherwise there is a risk that the evidence withheld or distorted.
The decision ordering the investigation
paragraph 3 of the decision ordering the investigation pursuant to paragraph 1 may be communicated without the application relates have been given the opportunity to comment, if it can be expected that the investigation would otherwise lose in importance.
Decisions referred to in the first subparagraph shall only be sent to the financial supervision authority. When the investigation begins, the inspection shall forward a copy of the decision of the investigation shall be conducted in.
paragraph 4 of the decision ordering the investigation pursuant to paragraph 1 shall include information on
1. the subject-matter and purpose of the investigation,
2. the time when the investigation will start, 3. FSA's powers under paragraph 5(1) and section 6, and
4. indication of the possibility provided for in paragraphs 9 and 10 to exempt information and documents from the investigation.
The decision is valid immediately, if the law does not determine otherwise.
FSA's powers of investigation
§ 5 If the financial supervision authority conducts an investigation under section have inspection rights to
1. examine the books and other business records;
2. make copies of or extracts from the books and business records;
3. ask for oral explanations on the spot, and
4. gain access to the premises, land, means of transport and other areas occupied or likely to be appropriated in the business.
In the case of electronically stored information, the measures provided for in the first subparagraph 1 and 2 shall be carried out with the financial supervisory authority, if the survey is conducted among agree that information moves to the Authority's premises. He has the right to follow the measures taken by the Inspectorate.
section 6, If the measures set out in paragraph 5 of the first paragraph (2) are not sufficient, the financial supervisory authority to take care of a document.
When an action is taken care of, including Binder, folder or similar storage materials.
If a fixation that can be perceived only by technical means are taken care of, one copy should be left in place if possible.
The right to obtain legal counsel
section 7 of the financial supervision authority shall conduct an investigation in under section has the right to call a lawyer.
Pending the adoption of such a counsel to appear, the FSA does not begin the investigation. However, this does not apply, if
1. the survey has adopted unnecessarily delayed, or
2. the survey has been decided under section 3(1).
The assistance of the Swedish enforcement authority
paragraph 8 of the financial supervision authority may request the assistance of enforcement authority to carry out the measures referred to in paragraph 5 of the first paragraph 1, 2 and 4, or section 6.
For assistance, the provisions of the enforcement code for enforcement of obligations which do not relate to the obligation to pay or eviction. Enforcement authority shall not, however, inform the investigation shall be conducted as in before the execution takes place.
The exception of documents from the investigation
§ 9 the action under section 5 or 6 shall not refer to 1. a document must not be confiscated pursuant to Chapter 27. section 2 of the code of judicial procedure, or
2. a document which are not covered by paragraph 1 of the decision.
section 10 If the financial supervision authority is of the opinion that a certain act should be the subject of an investigation and that the action relates to invoke the exemption under section 9, act immediately sealed and promptly handed over to the District Court of Stockholm by the Swedish financial supervisory authority.
The District Court shall without delay examine whether the Act should be subject to the FSA's investigation.
Return of documents
section 11 of the financial supervision authority shall return the documents and other things have been taken care of as soon as they are no longer needed.
If the decision on an investigation under section applies has been declared bankrupt if the documents should be returned, the financial supervisory authority 1. submit the documents to the trustee, and
2. notify the decision applies to the documents have been handed over to the trustee.
The financial supervision authority shall, at the request of the decision regarding whether a document should be returned.
Chapter 5. Interventions
Breaches of market abuse section 1 of the financial supervision authority shall intervene against those who have breached the 1. prohibition of insider trading or illegal disclosure of insider information in article 14 of Mar, or
2. Prohibition of market manipulation in the article 15 of Mar.
Other infringements
section 2 of the financial supervisory authority to act against anyone who has failed to fulfil its obligations under the market abuse regulation, by
1. fail to establish and maintain effective arrangements, systems and procedures in accordance with article 16.1 or 16.2, or to report to the financial supervisory authority in accordance with the specified therein,
2. fail to comply with the provisions on the disclosure of inside information to the public in article 17(1), (2) and 17.8, 3. fail to inform the financial supervision authority of a belated publication in accordance with article 17, or, despite requests from the inspection, provide such a written declaration referred to in the third subparagraph of article 17(4) of that there have been conditions for deferred publication,
4. fail to establish, update or maintain an insider list or to otherwise comply with the requirements of article 18(1) – 18.6,
5. help for the financial supervisory authority and the relevant companies or bodies referred to in article 19(1) and 19.10 make a complaint about your own transactions in accordance with the procedure referred to in article 19(1), 19(2), 19.6 and 19.7, or fail to fulfil the information obligation imposed under article 19(5), second subparagraph,
6. fail to fulfil the information obligation or the obligation to keep a record in accordance with the first subparagraph of article 19(5), 7. carry out operations in breach of the prohibition laid down in article 19.11, or
8. fail to comply with the provisions on investment recommendations, or other information in article 20(1).
Sanctions and measures
Intervention
paragraph 3 of the Intervention under paragraph 1 or 2 is made by decision of
1. injunction to within specified time take a particular action or stop a particular action, 2. Note, the
3. the prohibition referred to in paragraph 4(1) 1,
4. the prohibition referred to in paragraph 4(1) 2,
5. paragraph 5 of the reversal, or 6. penalty under section 6, 7 or 8.
An injunction under the first paragraph 1 and a ban in accordance with the first paragraph 4 may be subject to a penalty.
Ban
section 4 of The who have violated insider dealing in a manner specified in § 1 or 2, and who were employed in or worked for a securities institution at the time when the infringement was committed, for some time, but not more than ten years, banned
1. being a Director or Managing Director, or replacement for any of them, in a Swedish securities, or
2. to trade certain financial instruments for its own account.
Repeated violations set forth in article 1, first paragraph, a decision as referred to in the first subparagraph 1 shall apply permanently.
The who has issued a prohibition referred to in the first subparagraph 2 shall, after authorisation by the financial supervision authority, dispose of such financial instruments covered by the ban.
Reversal
§ 5 The who have violated insider dealing in a manner specified in § 1 or 2, and in doing so has obtained a profit or avoided a charge, will be required to pay an amount equal to the value of the economic benefit, if this can be fixed (reversal).
The payment obligation under the first paragraph shall not, however, be imposed on anyone if it is manifestly unfair.
Amount to the State.
Penalties and fines
paragraph 6 For a violation referred to in paragraph 1 shall be fixed as a maximum fine of the greater of 1. for a legal entity: a) an amount per 2 July 2014 in Swedish kronor, equivalent to EUR 15 million, b) 15 per cent of the legal person, or, where appropriate, the consolidated sales of the immediately preceding fiscal year, c) three times the profits of the legal person, or any other, obtained as a result of the infringement, if the amount can be determined, or
d) three times the costs of the legal person, or any other, avoided as a result of the infringement, if the amount can be determined, 2. for a natural person: a) an amount per 2 July 2014 in Swedish kronor, equivalent to EUR 5 million, b) three times the profit that the natural person, or any other, obtained as a result of the infringement, if the amount can be determined, or
c) three times the costs incurred by the individual in question, or any other, avoided as a result of the infringement, if the amount can be determined.
The fee to the State.
section 7 For a violation specified in section 2 of 1 – 3 is fine as a maximum set at the maximum of
1. for a legal entity: a) an amount per 2 July 2014 in Swedish kronor, equivalent to EUR 2.5 million, b) two per cent of the legal person, or, where appropriate, the consolidated sales of the immediately preceding fiscal year, c) three times the profits of the legal person, or any other, obtained as a result of the infringement, if the amount can be determined, or
d) three times the costs of the legal person, or any other, avoided as a result of the infringement, if the amount can be determined, 2. for a natural person: a) an amount per 2 July 2014 in Swedish kronor, equivalent to EUR 1 million,
b) three times the profit that the natural person, or any other, obtained as a result of the infringement, if the amount can be determined, or
c) three times the costs incurred by the individual in question, or any other, avoided as a result of the infringement, if the amount can be determined.
The fee to the State.
section 8 for an infringement as referred to in section 2 of the 4-8 is fine as a maximum set at the higher of 1. for a legal entity: a) an amount per 2 July 2014 in Swedish kronor, equivalent to EUR 1 million, b) two per cent of the legal person, or, where appropriate, the consolidated sales of the immediately preceding fiscal year, c) three times the profits of the legal person, or any other, obtained as a result of the infringement, if the amount can be determined, or
d) three times the costs of the legal person, or any other, avoided as a result of the infringement, if the amount can be determined, 2. for a natural person: a) an amount per 2 July 2014 in Swedish kronor, equivalent to EUR 500 000,
b) three times the profit that the natural person, or any other, obtained as a result of the infringement, if the amount can be determined, or
c) three times the costs incurred by the individual in question, or any other, avoided as a result of the infringement, if the amount can be determined.
The fee to the State.
section 9 If a violation specified in section 6, 7 or 8 have been made during the first year of the legal person, or if the data on the turnover otherwise missing or flawed, turnover is estimated.
Order correction in some cases
paragraph 10 of the financial supervision authority may, in cases other than those referred to in paragraph 1 or 2, shall submit to the override their obligations under the market abuse regulation, or this law, to make the correction. Such an order may be subject to a penalty.
Obstacles to intervention
section 11 of the intervention according to § 1 shall not take place if the offence is the basis for a notice of offence under Chapter 3. section 1 of the Act (2016:1307) where the penalty for market abuse on the securities market, or for any other reason initiated preliminary investigation concerning the same physical person.
Intervention may, however, be made, if the public prosecutor has decided not to initiate investigations or to discontinue the preliminary investigation or if the infringement by other means, is no longer the subject of the investigation of crime and have not been tested.
section 12 of the intervention according to § 1 shall not take place if the infringement is already the subject of a criminal prosecution, penalty brought an issued or a decision about prosecution failure.
paragraph 13 of the intervention under this Act shall not take place if the offence is covered by an order of a penalty and the infringement is the basis for an application for the imposition of the penalty.
section 14 of the intervention for an infringement as referred to in paragraph 1 may be made only if the sanctions procedure is notified it that the intervention is directed towards, within two years from the date on which the infringement took place.
An intervention for a violation listed section 2 may be made only if a statement that the issue of intervention have been taken up by the financial supervisory authority has notified it that the intervention is directed towards, within two years from the time the infringement took place.
To determine the sanction
section 15, At the choice of the intervention to the Swedish financial supervisory authority to take into account the gravity and duration of the infringement. Special consideration should be given to the actual and potential effects on the financial system, the damage caused and the degree of responsibility.
16 § in addition to those mentioned in section 15, the aggravating direction be taken into account if the infringer has previously committed an infringement. In that assessment, attention should be paid to whether contraventions are similar and the time that has elapsed between the infringements.
In mitigating direction shall be taken into account if the infringer
1. materially through active cooperation has facilitated the investigation, 2. have taken action after the infringement in order to avoid any recurrence, and 3. caused but due to the fact that he or she is due to become or are likely to be fired or laid off
from employment or suffer other obstacles or extreme difficulty in professional or environmentally.
section 17 of the financial supervision authority may refrain from intervention, about 1. the offence is minor or excusable, 2. the person in question makes correction, 3. any other body has taken action against person and these measures are deemed sufficient, or 4. There are special reasons.
section 18 When sanctioning fee shall be established, shall take particular account of circumstances specified in §§ 15 and 16 as well as to the financial position of the person concerned and, if it is possible to determine, the profits of the person, or someone else, obtained as a result of the infringement or the costs avoided.
The sanctions procedure for market abuse
§ 19 questions on interventions for infringements referred to in paragraph 1 of the review by the financial supervision authority by sanctioning procedure.
A sanctions procedure means that the intervention is directed towards before that deadline to approve a decision on intervention under paragraph 3.
Once the order has been approved, it is important that a judicial decision that has a legal effect. An approval is made after the time specified in the order is without effect.
section 20 of A sanctions procedure shall indicate
1. the person to whom the injunction is sought,
2. the offence and the circumstances necessary to characterize it, 3. the provisions applicable to the infringement, and
4. the penalty before the person.
The notice shall also contain a statement that the action of sanction may be brought in the courts, if the order is not accepted within the time limit set by the financial supervisory authority specifies.
section 21 If a sanctions order has not been accepted within the specified time, the financial supervision authority may bring an action before the referring court that the penalty should be decided.
Enforcement of the decision on the penalty and reversal
section 22 A sanctioning fee to be paid to the financial supervision authority within 30 days of a decision if it has a final or a sanctions procedure approved or the longer period specified in the decision or order.
section 23 of the financial supervision authority decision on the penalty may be executed under the enforcement code, if the fee has not been paid within the period specified in section 22.
section 24 If the fine is not paid within the time specified in section 22, the financial supervision authority shall submit the unpaid fee for collection. Provisions of the Recovery Act (1993:891) for the recovery of State assets, etc.
section 25 a penalty has decided falling away to the extent that enforcement has not been made within five years from the date that the decision was final or the sanctions order was approved.
section 26 of the sanctioning fee of 22-25 sections also apply to reversal pursuant to section 5.
Chapter 6. Prosecution in court, etc.
paragraph 1 of the decision on the penalty notice under Chapter 5. § 19 may not be appealed. Other decisions taken by the financial supervision authority notifies the according to this law and market abuse Regulation shall, unless otherwise provided, be appealed to the administrative court.
However, this does not apply to matters referred to in section 20, first paragraph 5 the Administrative Procedure Act (1986:223).
Leave to appeal is required for an appeal to the administrative court.
The financial supervision authority may provide that a decision on the injunction or prohibition under this Act shall take effect immediately.
section 2 of the FSA's decision pursuant to Chapter 4. the third paragraph of section 11 may be appealed to the District Court of Stockholm.
section 3 unless otherwise provided in this law, for action under Chapter 5. section 21 apply what, in General, is prescribed for cases involving public prosecution for offences where it is not provided for more severe punishment than a fine.
Public Defender may not be appointed to a legal entity. Public Defender shall be appointed for a physical person, if there are special reasons.
The application for a summons must contain the information set out in Chapter 5. section 20 of the first subparagraph and the evidence relied upon and what should be proved by any evidence.
section 4 unless otherwise provided in this law, applications pursuant to Chapter 4. section 1, trials pursuant to Chapter 4. section 10 and appeals from decisions pursuant to Chapter 4. section 11, third subparagraph dealt with under the Act (1996:242) about court cases. In such cases, 31. the code of judicial procedure shall apply in respect of legal costs.
§ 5 Actions to impose penalty payments imposed by the Court on the basis of Chapter 5. section 3 of the FSA at a District Court.
The Stockholm District Court is always competent to hear actions provided for in the first subparagraph.
section 6 of A sanctions procedure which has been approved, after the complaint be eliminated under the conditions provided for in Chapter 59. first subparagraph of paragraph 6 of the code of judicial procedure. In the application, as set out on the order and the suspect instead apply the sanctions order and that the intervention against.
Anyone who wants to complain shall do so in writing by the Stockholm District Court within one year from the time the order was approved. In case of complaint on a sanctions procedure is the FSA individual counterparty.
The sanctions have been removed, an injunction, it made against not then be imposed a more severe penalty for the same infringement.
section 7 of the goal of elimination of approved sanction notice under section 6, second paragraph, chapter 52. 2, 3 and 5 – 12 of the code of judicial procedure to be applied. In the application, as set out on the Court, rather than apply to the District Court.
In the matter of the appeal of the District Court's decision on complaint of the sanctions order applies to 49 and 52.
the code of judicial procedure.
The decision of the Court cannot be appealed.
The Court may decide that the sanctions order must not be enforced until further notice.
Transitional provisions
2016:1306
1. this law shall enter into force on 1 February 2017.
2. the Action may be made only for violations that have taken place after the entry into force.
