Topic Information obligations for issuers Provision of evidence
Article from Issuer Guidelines published by the Federal Financial Supervisory Authority
Under section 26 (2) of the WpHG, domestic, MTF and OTF issuers (see section I.3.2.1.2) are required to provide BaFin with evidence of public disclosure without undue delay. Under section 11 in conjunction with section 3c of the WpAV, the evidence must contain details about the other media to which the information was transmitted.
Evidence of public disclosure must contain the following information:
- the text of the public disclosure,
- the media to which the information was transmitted,
- the exact date and time when the text was transmitted to the respective media.
It is also recommended to confirm transmission to the Company Register to avoid any requests for information.
The evidence can be sent by email to a19mar@bafin.de. If the third parties engaged by the issuer to make the information public have access to the MVP Portal and satisfy the technical conditions, they can send the notification to BaFin as an XML file.