Erscheinung:02.11.2023 | Topic Measures ECHOS Holding AG: BaFin imposes administrative fines
On 20 September 2023, the Federal Financial Supervisory Authority (BaFin) imposed administrative fines amounting to 32,500 euros on ECHOS Holding AG. The fines were imposed because the company had contravened obligations under the German Securities Trading Act (Wertpapierhandelsgesetz – WpHG). ECHOS Holding AG had failed to publish its half-yearly financial report for the financial year 2022. In addition, the company had failed to publish an announcement about the date from which and the website where its 2022 half-yearly financial report was made publicly available.
Half-yearly financial reports are available in the Company Register. However, companies must provide information about when and where their financial reports are published in addition to this.
Background information: Financial reports provide information on companies’ net assets, financial position and results of operations. This information is important for investors because it allows them to make informed investment decisions. Companies such as ECHOS Holdings AG that are domiciled in Germany and issue securities traded on an organised market in Germany must publish a half-yearly financial report no later than three months after the end of each reporting period.
In addition, they must publish an announcement about the date from which and the website where their half-yearly financial reports are made publicly available, in addition to their availability in the company register. Such announcements must be published no later than three months after the end of each reporting period and before the half-yearly financial report.
Failure on the part of a company to publish financial reports and the corresponding announcements, or failure to do so within the prescribed period, constitutes a contravention of the Securities Trading Act. BaFin may in each case impose administrative fines on companies that fail to comply with this obligation. The maximum amount for this fine is 10 million euros or up to 5% of total revenue.
Announcement
On 20 September 2023, the Federal Financial Supervisory Authority (BaFin) imposed administrative fines totalling 32,500 euros on ECHOS Holding AG.
The sanction related to breaches of section 115 (1) sentence 1 and sentence 2 of the German Securities Trading Act (Wertpapierhandelsgesetz – WpHG).
ECHOS Holding AG failed to make its half-yearly financial report for the financial year 2022 publicly available.
ECHOS Holding AG failed to publish an announcement, stating the date and the website on which the half-yearly financial report for the financial year 2022 was made publicly available in addition to its availability in the Company Register (Unternehmensregister).
The company may lodge an appeal against the administrative fine order.
Update (03.11.2023):
On 30 October 2023, the company lodged an appeal against the administrative fine order.
