Topic Information obligations for issuers Submission to BaFin
Article from Issuer Guidelines published by the Federal Financial Supervisory Authority
The notification must generally be submitted to BaFin by the person subject to the notification obligation. As long as timely submission of the notification is ensured, persons subject to the notification obligation may engage a third party (e.g. the issuer, a lawyer) to submit the notification. It is sufficient in this context if the person subject to the notification obligation delivers the notification to the third party by hand; there is no obligation to provide the notification to the third party electronically. In this case, however, the persons subject to the notification obligation also have an organisational and monitoring requirement, i.e. they must ensure and verify that the third party engaged duly fulfils the notification obligation.
It is generally also allowable for the notification and the evidence of public disclosure to be sent at the same time (see section V.3.5) provided that this is done within the statutory time limit for submitting the notification.
The notifications must be submitted in writing. Submission by fax is also sufficient. Submission by email does not satisfy the requirements, including if the notification is sent as an attachment to that email. BaFin has established a dedicated fax number for notifications under Article 19 of the MAR: This is: +49 (0)228/4108-629631.
Footnotes:
- 1 For technical reasons, another number appears on the delivery confirmation of the transmitting fax machine.
