Atnaujinta: 2024.11.22 13:50 (GMT+2)
Tallinn Stock Exchange ANNOUNCEMENT 22/23.11.2005
COMMITTEE'S DECISION ON RAKVERE LIHAKOMBINAAT
On November 17, 2005, the Listing and Surveillance Committee (hereinafter: the
Committee) of the Tallinn Stock Exchange reviewed the circumstances identified
and materials collected in the course of supervisory proceedings carried out with
respect to AS Rakvere Lihakombinaat and decided to impose a fine of five thousand
(5,000) kroons to AS Rakvere Lihakombinaat for violation of TSE Rules.
Circumstances:
On August 19, 2005 at 13.10 AS Rakvere Lihakombinaat disclosed an announcement
stating that on August 18, one of the management board members - Veimo Beilman -
was recalled and the board continued with three members - Olle Horm - chairman,
Siim Kallast - member, Toomas Koovit - member.
Considering the materials submitted, the Committee concluded:
1. The conduct of AS Rakvere Lihakombinaat upon disclosing the change in the
management board has been contrary to the obligations set out in clause 3.2.1. of
the section "Requirements for Issuers" (hereinafter: RI) of TSE Rules. The proper
information disclosure is the key prerequisite to secure the transparency and
reliability of the securities market. According to the practice of TSE and
interpretation of TSE Rules (incl. the interpretation by the TSE Arbitration
Court) immediate disclosure means disclosing the information on the same day or
at latest before trading begins in the morning of the next trading day, if it is
not possible earlier. On extreme circumstances the issuer has the option to
inform the TSE of the circumstances and to ask for temporary suspension of
trading. Thus it would have been acceptable to disclose the information on August
19 before the trading begins, i.e. before 10:00 AM.
2. Violation of TSE Rules has been evidenced, as assessed by the Committee, by
the circumstances identified in the course of the supervisory proceedings carried
out by the TSE.
3. There are no objective circumstances that would have prevented AS Rakvere
Lihakombinaat from duly performing their obligations. There are sufficient
grounds to apply the legal remedies within the competence of the Stock Exchange.
Background:
According to clause 1.2.1. of RI, the Issuer is obliged to secure the disclosure
of the information specified in RI in such a form and within such time limits as
specified in RI.
According to clause 3.2.1. of RI, an Issuer shall immediately disclose
information on any changes in the composition of the management board and the
supervisory board, or any change of auditors or procurators. An Issuer is also
required to send a notice to the Exchange if any person specified in this clause
has applied for resignation from his or her position and if an agreement has been
reached with a person to be employed in any of the positions specified in this
clause.
According to clause 2.4.1. of RI, information is deemed disclosed in accordance
with these Requirements when made public as a notice through the Exchange
information system.
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