Decree No. 355 / 2004 Coll.
Order setting out 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
Valid
Order
Effective from 01.07.2004
Text versions:
01.07.2004
08.06.2004
355
DECLARATION
of 27 May 2004
determining 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 on the use of inside information and market manipulation
According to Section 199 (2) (j) in conjunction with Section 43 (2) and Section 199 (2) (r) in conjunction with Section 127 of Act No. 256 / 2004 Coll., on Capital Market Business, hereinafter referred to as "the Act":
Subject matter
This decree regulates
(a) the form, time and manner of publication of the course of an investment instrument admitted to trading on a regulated market (Section 43 (2) of the Act);
(b) the manner in which the Securities Commission (hereinafter referred to as "the Commission") is informed of the reasonable suspicion of the organiser of a regulated market, (1) that the transaction concluded on its organised regulated market has been concluded using internal information or that it may be regarded as market manipulation (Section 127 of the Law).
Form and manner of publication of courses
(1) The regulated market operator publishes the current course of the investment instrument [Paragraph 43 (1) (a) of the Act] in electronic form
(a) through its automated trading system; or
(b) through a remote access system.
(2) The regulated market operator publishes the final course of the investment instrument [Paragraph 43 (1) (b) of the Act] on the exchange sheet
(a) at all its trading venues; and
(b) through a remote access system.
(3) If, for the part of the business day for which the current course of an investment instrument is published, trading in that investment instrument has been suspended, this shall be reported as part of the published information on the current course of the investment instrument.
(4) If, for the trading day for which the investment instrument's closing rate is published, trading in that investment instrument has been suspended, this shall be reported as part of the published information on the investment instrument's closing rate.
(5) After the end of the business day, the regulated market operator will allow the final course of the investment instrument to be published by printing in at least one national distributed diary.
Time limit for publication of courses
(1) The regulated market operator shall, in accordance with Article 2 (1) (a), publish the information without undue delay after any change in the current course of the investment instrument.
(2) The regulated market operator publishes, in accordance with Paragraph 2 (1) (b), information with a delay of not more than 15 minutes after any change in the current course of the investment instrument.
(3) The regulated market operator shall publish the information in accordance with Article 2 (2) at the latest at the beginning of the following business day.
Means of informing the Commission of suspected market abuse
(1) The regulated market operator shall inform the Commission by telephone of the reasonable suspicion under the second sentence of Article 127 of the Second Law, in accordance with the Commission's rules of procedure, of the exercise of supervision over the activities of the regulated market operator, to the telephone number published by the Commission in the Securities Bulletin.
(2) The regulated market operator shall forward to the Commission the justification of its suspicion referred to in paragraph 1 at the latest 1 hour before it allows the conclusion of transactions in accordance with Article 42 (1) (a) of the Act on the business day following the date of notification by the Commission pursuant to paragraph 1. This justification shall also include information from the automated trading system of the regulated market operator, on the basis of which the regulated market operator has suspected it.
(3) The regulated market operator shall transmit to the Commission the information referred to in paragraph 2 in electronic form by means of a fixed telecommunications circuit, (2) in the event of its failure to function on a fixed medium or an electronic mail message bearing a guaranteed electronic signature based on a qualified certificate issued by an accredited certification service provider (3).
Efficacy
This Decree shall take effect on 1 July 2004.
Member of the Presidium acting as Chairman:
Ing. Shimáček v. r.
1) Section 37 of Act No. 256 / 2004 Coll., on Capital Market Business.
2) Paragraph 2 (16) of Act No. 151 / 2000 Coll., on Telecommunications and on the amendment of other laws, as amended.
3) Article 11 of Act No. 227 / 2000 Coll., on Electronic Signature and on the amendment of certain other laws, as amended.
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Regulation Information
| Citation | Decree No. 355 / 2004 Coll., laying down 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 |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.06.2004 |
|---|---|
| Effective from | 01.07.2004 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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