Topic Information obligations for issuers Section 49 (2) no. 2 of the WpHG
Article from Issuer Guidelines published by the Federal Financial Supervisory Authority
For issuers of debt securities admitted to trading within the meaning of section 48 (1) no. 6 of the WpHG, section 49 (2) no. 2 of the WpHG stipulates publication obligations similar to the those set out in section 49 (1) sentence 1 no. 2 of the WpHG for issuers of shares admitted to trading. Publication is required for the exercise of any conversion, subscription and cancellation rights, as well as interest payments, repayments, drawings and units that have been cancelled or drawn but have not yet been redeemed.
The term “interest payments” covers all monetary payments made on the value date. Accordingly, the announcement of interest payments for variable-interest debt securities (such as floaters) also triggers a publication obligation, in which case the interest rate determined or effective at that time must also be published.
Publication under section 49 (2) no. 2 of the WpHG is exceptionally not required for debt securities admitted to trading if, in the case of a fixed interest rate and predetermined payment dates, the necessary information has already been provided in the prospectus. Since section 49 (2) no. 2 of the WpHG corresponds to the wording used by the previous requirement in the Regulation Concerning the Admission of Securities to Official Listing on a Stock Exchange (Verordnung über die Zulassung von Wertpapieren zum regulierten Markt einer Wertpapierbörse – BörsZulVO), this interpretation can continue to be applied.