Decree No. 236 / 2008 Coll.
Ordinance on information obligations of a regulated market operator and operator of a multilateral trading venue
Valid
Order
Effective from 01.07.2008
236
DECLARATION
of 23 June 2008
on the information obligations of the operator of the regulated market and the operator of the multilateral trading system
Pursuant to Section 199 (2) of Act No. 256 / 2004 Coll., on the Capital Market Business, as amended by Act No. 230 / 2008 Coll., ("the Act '), the Czech National Bank provides for the implementation of Sections 47 (4), 49 (2), 50 (7), 63 (5), 67 (3), 68 (5) and 71 (5):
Subject matter
This decree lays down more detailed rules for:
(a) provision of information to the Czech National Bank by the organiser of the regulated market and by the operator of the multilateral trading system;
(b) disclosure of information by the organiser of the regulated market and exemptions from the obligation to publish the current prices and quantities of the shares demanded and offered.
Definition of terms
For the purposes of this decree:
(a) a structured data set established by the regulated market operator or multilateral trading system operator;
b) data set of data collection with predefined data structures, which are described and accessible as a whole in the information system of the Czech National Bank,
(c) a trade cancelled, the legal reason for which is no longer valid;
(d) the contact person of the person or persons who submit the statements to the Czech National Bank on behalf of the organiser of the regulated market or the operator of the multilateral trading system.
Information obligations of the regulated market operator and the multilateral trading venue operator
(K § 49, 50, 63 and 71)
(1) The operator of the regulated market and the operator of the multilateral trading system shall inform the Czech National Bank in the form and manner referred to in Article 4 of:
(a) investment vehicles admitted to trading on an organised market by it and its issuers, by sending the MKT (CNB) statement 60@-@ 97 "Information on instruments admitted to trading" drawn up in accordance with the MOKAS60 data file, to the extent and structure referred to in point 1 of the Annex to this Regulation, at the latest by the end of the working day preceding the trading day on which the data or their amendment relate; any amendment requires the provision of a complete statement,
(b) closed transactions with listed investment vehicles and changes thereto by sending the MKT (CNB) statement 50@-@ 97 "Information on transactions - closure - ORT / MOS" drawn up in accordance with the MOKAS50 data file, to the extent and structure referred to in point 2 of the Annex to this Regulation, no later than the end of the working day following the business day on which the transaction was concluded or amended;
(c) the terms and conditions and the course of trade in all investment instruments admitted to trading on the organised market by sending the MKT (CNB) report 61-97 "Information on orders on the trading venue" drawn up on the basis of the MOKAS61 data file and the MKT statement (CNB) 62-97 "Quotation information on the trading venue" drawn up on the basis of the MOKAS62 data file, to the extent and structure referred to in points 3 and 4 of the Annex thereto, no later than the end of the working day following the trading day on which the data relate;
(d) business end-of-day prices and volumes for each individual type of trading venue and market as a whole by sending the MKT (CNB) statement 63-97 "Information on prices and volumes of transactions" drawn up in accordance with the MOKAS63 data file, to the extent and structure referred to in point 5 of the Annex to this Regulation, no later than the end of the working day following the business day on which the data relate,
(e) participants in a regulated market or multilateral trading system by sending the MKT (CNB) statement 65-97 "Information on participants" drawn up according to the MOKAS65 data file, to the extent and structure referred to in point 6 of the Annex to this Regulation, by the end of the working day in which:
1. a participant has become or has ceased to be a participant in a regulated market or multilateral trading system; or
2. has become aware of the change in the data provided by a participant in a regulated market or multilateral trading system;
(f) indices calculated by the regulated market operator or by the operator of the multilateral trading system by sending the MKT (CNB) statement 70-97 "Index information" drawn up according to the MOKAS70 data file, to the extent and structure referred to in point 7 of the Annex to this Regulation, no later than the end of the working day following the business day on which the data relate.
(2) The regulated market operator and the operator of the multilateral trading system shall inform the Czech National Bank in the form and manner referred to in Article 5 (1) of:
(a) the trading days of the regulated market or multilateral trading venue, no later than 2 working days before the first trading day to which it relates
1. the calendar of business days; or
2. change in business day calendar,
(b) the code lists used by the regulated market operator or multilateral trading venue operator in the statements referred to in paragraph 1 no later than 2 working days before the trading day to which the change in the data relates;
(c) the trading parameters to the extent and structure referred to in point 8 of the Annex to this Decree, no later than the end of the working day before the trading day to which the change in the data relates; the change in the parameters the efficiency of which takes place during the trading day shall be reported without undue delay and shall indicate the time of effectiveness of the change.
(3) The regulated market operator and the operator of the multilateral trading system shall inform the Czech National Bank in the form and manner referred to in Article 5 (1) of:
(a) a significant breach of the trading rules;
(b) exceptional market situations;
(c) a reasonable suspicion of the use of inside information or of market manipulation; and
(d) reasonable suspicion of infringement by a person authorised to enter into transactions on a regulated market or in a multilateral trading system.
(4) The regulated market operator shall inform the Czech National Bank in the form and manner referred to in Article 5 (1) of an infringement of the information obligation
(a) the issuer of investment securities admitted to trading on its organised regulated market; and
(b) persons who subsequently applied for the admission of a financial instrument to a regulated market without the consent of the issuer.
(5) The regulated market operator shall inform the Czech National Bank, in the form and manner referred to in § 5 (1), within 1 month of the end of the calendar quarter, of the results of its business in this quarter on the last day of that calendar quarter, to the extent and structure of another accounting legislation.
(6) The regulated market operator submits the annual report and consolidated annual report to the Czech National Bank in the form and manner provided for in Section 5 (2).
(7) Where a securities trader informs the Czech National Bank of transactions in listed investment instruments1) via a regulated market or multilateral trading system, the information shall be included in the statements sent under paragraph 1 (b).
Sending information through an automated data collection system
(1) The regulated market operator and the operator of the multilateral trading system send the Czech National Bank the reports referred to in Article 3 (1) in electronic form in the form of data messages through the application of the Czech National Bank for the collection of data, which is available in a way that allows remote access.
(2) The data reports referred to in paragraph 1, specifying the date of the statement, shall be provided by the regulated market operator and the multilateral trading system operator
(a) a guaranteed electronic signature of the contact person based on a qualified certificate2); or
(b) an electronic mark based on a qualified system certificate (3).
Sending information by e-mail
(1) The information referred to in § 3 (2) to (5) is sent by the regulated market operator and the operator of the multilateral trading system to the Czech National Bank in electronic form in the form of a data message to the e-mail office with a clear indication of the information obligation or on a fixed medium (CD, DVD). The data message shall be accompanied by a guaranteed electronic signature of the contact person based on a qualified certificate.
(2) The Annual Report and the Consolidated Annual Report (Section 3 (6)), which, under another accounting legislation (4), is deposited in a collection of commercial registers through the Czech National Bank, the organiser of the regulated market will send the Czech National Bank, in electronic form, as provided for by another legislation on the digitisation of the commercial register (5) in accordance with paragraph 1. If the size of the message does not allow sending by e-mail, the regulated market operator will send an annual report and a consolidated annual report to the Czech National Bank on a solid medium (CD, DVD).
Correction of incorrect and incomplete statements
If the regulated market operator and the operator of the multilateral trading system find that the data of the statement transmitted to the Czech National Bank are incorrect or incomplete, they shall proceed in the way of providing the information referred to in Article 3 and shall immediately inform the Czech National Bank of the content and the reason for the correction.
Contact persons
(1) The operator of the regulated market and the operator of the multilateral trading system will communicate to the Czech National Bank
(a) the name and surname of the contact person;
(b) the address of the workplace, telephone, fax number and e-mail address of the contact person;
(c) details of a qualified contact person certificate issued or an indication of a qualified system certificate.
(2) The regulated market operator and the operator of the multilateral trading system shall communicate to the Czech National Bank any change in the data referred to in paragraph 1.
Qualified participations
(K § 47)
The regulated market operator shall publish data on persons who, at the time of the general meeting or the decision of the sole shareholder exercising the competence of the general meeting, have qualified holdings and persons controlling them, and the size of their participation in the Czech language in a manner that allows remote access, no later than 1 month from the date of the holding or decision, specifying the nature of the relationship between the person with the qualified participation in the regulated market organisation.
Investment instrument courses
(K § 68)
(1) The regulated market operator publishes in a way that allows remote access
(a) the current rate of the investment instrument admitted to trading on a regulated market that is not a share, no later than 15 minutes after any change in the current investment instrument rate; and
(b) the closing course of the investment instrument on the exchange sheet at the latest at the beginning of the following business day.
(2) An indication of the suspension of trading in an investment instrument shall be included in the current rate and closing rate data if the trading in that investment instrument has been suspended for or for part of the trading day.
Exemptions from the obligation to disclose information
(K § 67)
The regulated market operator shall not be obliged to publish information on the current bid and demand price and the current bid and demand quantity at these prices for shares admitted to trading on a regulated market if:
(a) this is a large-scale instruction under the conditions laid down directly by the applicable regulation of the European Communities implementing Directive of the European Parliament and of the Council regulating markets in financial instruments (6);
(b) the way in which trading on a regulated market meets the conditions laid down directly by the applicable regulation of the European Communities implementing the Directive of the European Parliament and of the Council regulating markets in financial instruments (7).
Transitional provisions
1. The regulated market operator and the operator of the multilateral trading system shall comply with the information obligations laid down in Article 3 (1) (c), (d) and (f) of this Decree as from 1 July 2009.
2. The operator of the regulated market and the operator of the multilateral trading system shall comply with the information obligations set out in Articles 3 (1) (e) and 3 (2) for the first time before 1 July 2009.
Repeal
Decree No. 355 / 2004 Coll., establishing the form, time and manner of publication of the course of an investment instrument admitted to trading on a regulated market and the manner in which the Securities Commission is informed of the use of inside information and of market manipulation, is hereby repealed.
Efficacy
This Decree shall take effect on 1 July 2008.
Governor:
Doc. Ing. Tůma, CSc.
Annex to Decree No. 236 / 2008 Coll.
Content of information sent by the regulated market operator and operator of the multilateral trading system to the Czech National Bank
1. MKT (CNB) 60-97 "Information on instruments admitted to trading" code The associated data file MOKAS60 contains information on investment instruments admitted to trading by an organised market or by an operator of a multilateral trading system, in particular the name and identification of an investment instrument, the date of the date of the beginning of the payment, the date of the latest change of the data, the date of expiry of the data, the type of financial instrument, the maturity of the investment instrument, the nominal value and the currency of the instrument, the date of admission to the market, the country of the final owner of the issuer of the financial instrument, the currency exchange rate of the currency (futures), the date of issue, the currency of the investment instrument, the currency of the interest rate of the investment instrument, the rate of the financial instrument's interest rate of interest, the currency of the financial instrument, the current interest rate of the bond, the currency of the currency of the financial instrument of the financial instrument of the financial instrument, the financial instrument of the financial instrument of the financial instrument, the financial instrument of issue.
2. The MKT (ČNB) report 50-97 "Information about transactions - closure - ORT / MOS" with the code of the FOS data file MOKAS50 contains transaction data through the operator of the regulated market or the operator of the multilateral trading system. The data are broken down into data areas.
1. Data area MOKA50 _ 11: Business Information - closure - ORT / MOS
The data area shall include, in particular, the identification of the market participant, the reporting reference number, the date and time of execution of the transaction, the purchase / sale indicator, the closing of the transaction into an own or foreign account (position), the identification of the investment instrument, the unit price of the investment instrument in currency or percentage indicating the price or quantity or nominal value of the investment instrument, the identification of the counterparty of the transaction, the identification of the transaction place of execution, the transaction reference number of the transaction, the identification of the client, the expected settlement date, the volume of the transaction, the trading venue, the trading venue type of the trading venue with the investment instrument admitted to trading on a regulated market located in a Member State of the European Union.
2. MOKA50 _ 21: Business Information - cancellation / change - ORT / MOS
The data area shall include, in particular, the identification of the market participant, the trade cancellation report reference number, the trade report to which the cancellation information relates and the indication whether the trade cancellation report or the trade report is cancelled or, where applicable, the indication that the report is simultaneously provided to the Czech National Bank of the information of the trader of the closed trade in investment instruments admitted to trading on a regulated market located in a Member State of the European Union. The regulated market operator and the multilateral trading venue operator shall inform of the change in trade by recording the cancellation of the trade in the data area "Reporting - Cancellation - OCP 'and by recording the trade in the data area" Reporting - Closing - OCP'.
3. The MKT (ČNB) report 61-97 "Order information on the trading venue" with the code Associated Data File MOKAS61 contains order information (order) on the trading venue, in particular identification of the market participant, identification of the order, date and time of placing the order / order into the system, date and time of validity of the order, date and time of the last change, status and type of order according to the code list of the regulated market operator or operator of the multilateral trading venue, type of trading system for which the order has been created, indicator of purchase / sale, identification of the investment instrument, limit price in currency or percentage of the trading venue, price notation of the transaction counterparty, required quantity, quantity, quantity displayed on the transaction in the transaction account, quantity of the customer, or other available with the order.
4. The MKT (CNB) report 62-97 "Information on quotations on a trading venue" with the code of the Associated Data File MOKAS62 contains quotation data on a trading venue based on market makers, in particular identification of the investment tool, identification of the market maker, quantity and price of the purchase, quantity and price of the sale, price notation, quote status and type of change according to the code list of the regulated market operator or operator of the multilateral trading venue, date of the change and time of the last change of quotation.
5. The MKT report (CNB) 63-97 "Information on prices and volumes of transactions' with the code of the Associated Data File MOKAS63 contains data on prices and volumes of transactions, in particular identification and name of the investment instrument, date of business day, type of trading venue, price notation, opening and closing price, daily maximum and minimum price, daily change in currency, volume of transactions in currency, quantity of traded instruments, quantity of traded investment instruments with obligations of the market maker (periodic auction), volume of transactions in currency with obligations of the creator of the market, number of transactions with obligations of the market maker in%, number of traded orders on the regulated market and on sale, number of open positions in the regulated market or operator of the multilateral trading system, type and status of the derivative of the regulated market (periodic auction), value of the currency auction, volume of transactions in the currency of the regulated market, volume of the trading venue, volume of the trading venue, volume of the trading venue, volume of the trading venue, volume of the contract.
6. The MKT (CNB) report 65-97 "Participant Information" with the code Associated with the MOKAS65 data file contains data used on the trading venue to identify the market participant, in particular the trading name, identification of the participant, address, contact details and contact persons of the market participant.
7. MKT (ČNB) 70-97 "Index Information" with the code of the Associated Data File MOKAS70 contains data on the composition of the index calculated by the regulated market operator or the operator of the multilateral trading system. The data are broken down into data areas.
1. Data area MOKA70 _ 11: Information about indices - composition
The data area shall include in particular the name and identification of the index, the name and identification of the investment instrument, the amount of the investment instrument in the index, the price notation, the date of the last update of the composition.
2. MOKA70 _ 21 Data areas: Index Information - Values
The data area shall include in particular the identification of the index, the date and time of calculation and the value of the index.
8. The information on trading parameters shall include information on price, quantity, time and other requirements for the conclusion of transactions and the placing of orders or quotations established by the regulated market operator or by the operator of the multilateral trading venue on the basis of trading rules, in particular the standard size of the lot, the price band or the steps of the listing change by investment instrument or trading group.
1) § 15t (2) of Act No. 256 / 2004 Coll., on Capital Market Business, as amended by Act No. 230 / 2008 Coll. § 7 (4) of Decree No. 605 / 2006 Coll., on certain information obligations of a securities dealer, as amended by Decree No. 234 / 2008 Coll.
2) § 2 (l) of Act No. 227 / 2000 Coll., on Electronic Signature and on the Amendment of Certain Other Acts (Act on Electronic Signature), as amended by Act No. 440 / 2004 Coll.
3) § 2 (m) of Act No. 227 / 2000 Coll., as amended by Act No. 440 / 2004 Coll.
4) Paragraph 21a (4) of Act No. 563 / 1991 Coll., on Accounting, as amended.
5) Article 2 of Decree No. 562 / 2006 Coll., which provides for the method of converting the documents into electronic form, the way in which the transferred documents are handled and the binding electronic form of the documents (Ordinance on the Digitisation of the Commercial Register).
6) Article 20 of Commission Regulation (EC) No 1287 / 2006 of 10 August 2006 implementing Directive 2004 / 39 / EC of the European Parliament and of the Council as regards the recording obligations of investment firms, transaction reporting, market transparency, the admission of financial instruments to trading and the definition of concepts for the purposes of that Directive.
7) Article 18 (1) of Commission Regulation (EC) No 1287 / 2006 of 10 August 2006 implementing Directive 2004 / 39 / EC of the European Parliament and of the Council as regards the recording obligations of investment firms, transaction reporting, market transparency, admission of financial instruments to trading and the definition of terms for the purposes of that Directive.
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Regulation Information
| Citation | Decree No. 236 / 2008 Coll., on the information obligations of the regulated market operator and the operator of the multilateral trading system |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.06.2008 |
|---|---|
| Effective from | 01.07.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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