Articles

Proposal for an Act to implement the amended Transparency Directive

Proposal for an Act to implement the amended Transparency Directive

Proposal for an Act to implement the amended Transparency Directive

01.07.2015 NL law

The Dutch Act to implement the amended Transparency Directive (2013/50/EU) was submitted to Dutch Parliament on 18 June 2015. The required implementation date is 26 November 2015. As a result of this proposal, various transparency obligations will be changed for issuing institutions.

Background

The Transparency Directive contains various disclosure obligations for issuers whose securities are listed on a regulated market. The amended Transparency Directive is the result of an evaluation conducted by the European Commission on the effects of the Transparency Directive on the market. It aims to simplify compliance with the transparency directive for small and medium-sized enterprises.

Amendments

The amendments cover different topics but are primarily aimed at reducing certain transparency requirements. They include:

  • Publication of quarterly statements for listed companies will no longer be required.
  • Issuing institutions will be required to make a separate annual report available to the public about payments to governments in the countries where they operate. This requirement applies to issuing institutions who are active in the oil, gas and mining industry or in the primary forest logging industry.
  • Sanctioning power of the financial supervisors is amended with respect to the directive. This translates to an increase of the maximum fine from € 4 million to € 10 million.
  • Extension of the deadline for publishing half-year financial reports from two to three months after the end of the reporting period.
  • Extension of the period during which financial reports have to be publicly available from five to ten years.
  • The definition home member state is changed to prevent the possibility of avoiding supervision by any European supervisory authority.

Practice

In practice, the amended Transparency Directive and the Dutch implementing Act thereof will lessen the administrative burdens of issuing institutions.

Related news

21.03.2019 NL law
15 aspects of Brexit you did not know

Short Reads - A Brexit without a deal, or with a deal that does not cover all relevant aspects, is still a potential scenario. We have highlighted a number of unexpected legal consequences of Brexit in such a no deal or incomplete deal scenario.

Read more

22.02.2019 BE law
Lost your passport - How a hard Brexit will affect UK financial institutions’ access to the Belgian financial market

Articles - FSMA gives local guidance - Belgian legislature prepares contingency measures The UK is due to leave the European Union on 29 March 2019. Unless specific arrangements granting the UK at least a temporary status quo will be adopted before 29 March 2019, the UK financial industry will be considered third-country entities and will therefore be seriously restricted in carrying on their activities in the EEA, including Belgium.

Read more

12.03.2019 LU law
Entry into force of the RBE Regulation and update

Articles - The Grand-Ducal Regulation of 15 February 2019 on the registration, payment of administrative fees and access to information recorded in the register of beneficial owners (the “RBE Regulation”) entered into force on 1 March 2019 and depicts the practical aspects of the Law of 13 January 2019 establishing a beneficial owner register (the “RBE Law”). Another document, the LBR Circular 19/01 (the “Circular”) issued by the Luxembourg Business Registers on 25 February 2019  further describes the new register of beneficial owners (the “RBE”) with the aim of helping users. 

Read more

Our website uses functional cookies for the functioning of the website and analytic cookies that enable us to generate aggregated visitor data. We also use other cookies, such as third party tracking cookies - please indicate whether you agree to the use of these other cookies:

Privacy – en cookieverklaring