The Decree sets further rules in respect of the obligations provided for in Chapter 5.1 A of the Financial Supervision Act (Wet op het financieel toezicht) for issuing institutions whose securities have been admitted to trading on a regulated market to disclose periodically and occasionally regulated information. This mainly concerns the (half-)yearly financial statements of issuing institutions, the disclosure of capital interests and the manner of general disclosure of regulated information.
The Decree has been arranged to the extent possible in line with the principles as referred to in Chapter 5.1 A of the Financial Supervision Act. In broad outline, the Decree contains the following provisions:
- Chapter II contains provisions in implementation of section 5:25d of the Financial Supervision Act regarding the minimum content of the half-yearly non-consolidated financial statements of issuing institutions and the information to be included in the half-yearly financial statements on the principal transactions with related parties;
- Chapter III contains provisions in implementation of section 5:25i of the Financial Supervision Act concerning the conditions (legitimate interest) under which the general disclosure of price-sensitive information may be postponed;
- Chapter IV contains provisions in implementation of section 5:25m of the Financial Supervision Act concerning the standards to be met by the general disclosure of regulated information and the standards applicable to the agency in charge of the central storage of regulated information;
- Chapter V contains provisions in implementation of section 5:25v(1) of the Financial Supervision Act concerning issuing institutions having their registered office in a non-Member State which have been exempted from the disclosure requirements as referred to in sections 5:25c and 5:25d of the Act because the relevant legislation in the non-Member State concerned permits the application of equivalent disclosure regulations, and
- Chapter VI contains provisions regarding changes to other Decrees, including a change to the Decree on the Disclosure of Major Holdings and Capital Interests in Securities-Issuing Institutions (Besluit melding zeggenschap en kapitaalbelang in uitgevende instellingen) regarding, in particular, a clarification of existing legal provisions and a formulation of the conditions for certain exemptions.
Basis for the regulation
Sections 5:25i, 5:25w, 5:38(4), 5:44, 5:45(10) and 5:46(4) of the Financial Supervision Act
Policy rules and circular letters underlain by this regulation