Decree No. 264 / 2004 Coll.
Order on the form and manner of transmission of the annual report and half-yearly report of the issuer of the quoted security and on the manner in which the obligation to notify a share of the voting rights
Valid
Order
Effective from 01.05.2004
264
DECLARATION
of 25 March 2004
on the form and manner of transmission of the annual report and the half-yearly report of the issuer of the quoted security and on the manner in which the obligation to notify a share of the voting rights
According to Section 199 (2) (n) in conjunction with § 118 (7) and § 119 (4) and § 199 (2) (o) in conjunction with § 122 (15) of Act No. 256 / 2004 Coll., on the Capital Market Business, hereinafter "the Act ':
Subject matter
(1) This decree regulates the form of the annual report and the half-yearly report (hereinafter referred to as "the report ') of the issuer of the quoted security (hereinafter referred to as" the issuer') and the method of sending them to the Czech National Bank.
(2) This decree also provides for the way in which the notification obligation under Section 122 of the Act (hereinafter the "notification obligation ') is fulfilled in the event that the legal limit of the share of voting rights is reached or exceeded, or in the event of a reduction in the share of voting rights below the legal limit on the issuer established in the Czech Republic whose shares are admitted to trading on the official market in the Czech Republic or on the official market of the stock exchange in another Member State of the European Union (hereinafter the" target company').
Electronic form of message
(1) The report in electronic form consists of two parts:
(a) a comprehensive document containing all the elements of the report provided for by the legislation1); and
(b) a completed standardised data form for the accounting statements for the relevant type of information obligation published by the Czech National Bank no later than one month before the deadline for fulfilling the information obligation in a way that allows remote access.
(2) The issuer shall send the report referred to in paragraph 1 (a) to the Czech National Bank in electronic form provided for by special legislation1a within the time limits laid down by law. The message referred to in paragraph 1 (b) shall be sent by the issuer to the Czech National Bank in a file which is locked for modification and password protected.
Method of sending and publishing the report
(1) The issuer sends the report to the Czech National Bank by e-mail to the e-mail address of the e-mail office, indicating the subject in the field of the e-mail message "periodic report" and providing a report with a guaranteed electronic signature based on a qualified certificate issued by an accredited certification service provider (2). If the size of the message does not allow sending in accordance with the previous sentence, the issuer will send the message to the Czech National Bank on the CD-R data medium.
(2) The report which the issuer must publish under the law in a way that allows remote access shall be published by the issuer at its website (URL address) in the manner in which the issuer usually publishes information on its activities. In doing so, they shall in particular ensure that:
(a) the Internet address has been accessible to the public without restriction via the Internet data network and can be easily found by the issuer's trading company in a readily customary manner and the content of the Internet address provided by the issuer free of charge;
(b) the report published took the form of a data file suitable for download, in a commonly used format;
(c) the published report has been made available continuously for 10 years.
(3) If a change to an already published report occurs, that change shall be published in the same way as the report has been published. If the issuer finds, after publication of the report, that it contains incorrect data, it shall immediately publish the correction of the report, explaining the reasons for the correction.
Method of reporting
(1) A person who has been created by a reporting obligation (hereinafter referred to as the notifier) will send a notification of the achievement, overrun or reduction of the share of voting rights (hereinafter referred to as the "notification") on a standardised electronic data form for notification of the share of voting rights in the .xls format, the model of which is set out in the Annex to this Regulation (hereinafter referred to as the "share notification form"), the Czech National Bank and the target companies by e-mail. This notification shall be provided by the notifier by a guaranteed electronic signature based on a qualified certificate issued by an accredited certification service provider .2)
(2) If the notifier does not provide a notification with an electronic signature guaranteed, it is obliged to send a notification using the notification form both by e-mail and in paper form bearing the signature.
(3) In the event that the notifier does not have access to the electronic mail or if the electronic mail is inoperative, the notifier shall send the notification on the form for notification of the share only in paper form, signed. In the event that the e-mail of the target company is inoperative, the notifier shall send it a notification using a paper-only notification form; The notifier shall forward the notification to the Czech National Bank in accordance with paragraph 1 or 2.
Transitional provision
The notifier shall comply with the notification obligation arising before the entry into force of this Order in the manner laid down by the existing legislation.
Efficacy
This decree takes effect on the date of the entry into force of Act No. 256 / 2004 Coll., on the Capital Market Business.
Presidium member acting as Chairman:
Ing. Shimáček v. r.
Annex to Decree No 264 / 2004 Coll.
1) For example Act No. 256 / 2004 Coll., on Capital Market Business, as amended, Act No. 513 / 1991 Coll., Commercial Code, as amended, Act No. 563 / 1991 Coll., on Accounting, as amended.
(1a) Paragraph 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).
2) Article 11 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. 226 / 2002 Coll.
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Regulation Information
| Citation | Decree No. 264 / 2004 Coll., on the form and method of transmission of the annual report and half-yearly report of the issuer of the quoted security and on the manner in which the obligation to notify a share of the voting rights |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.04.2004 |
|---|---|
| Effective from | 01.05.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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