|
COUNTRY
|
SANCTIONS |
| Austria |
Administrative
infringement: fine up to ATS 300.000,- (§48 Abs.5) |
| Bulgaria |
-in
construction-
|
| Czech
Republic |
Breach of obligation
to notify follows:
- the prohibition of acquiring of any
other shares of the company concerned till the shareholder
sends the required notification to the Stredisko cenných
papíru.
- The prohibition to perform the rights
connected with the stack of shares until a report is made
and the following year as well, in case the shareholders
meeting does not decide otherwise *).
|
| Denmark |
Fine (§ 93
par. 1) |
| Estonia |
Contractual
fine (fine tariffs are enforced by TSE) |
| Finland |
A person
who does not comply with the duty to notify may be
- sentenced to a fine for a securities
markets offence
- liable to compensate the damage (loss)
he has caused
|
| France |
1°) The invalidation
of the voting rights associated with the shares exceeding
the fraction in question, for two years following the date
on which said declaration is eventually made.
2°) The chairman or
a shareholder of the company or the Commission des Opérations
de Bourse (C.O.B.) can bring an action before a court (Tribunal
de Commerce) to claim the suspension of every or part of
the voting rights of the natural person or legal entity
which failed to make the legal declaration when required.
In this case the voting
rights under suspension may not be limited to those associated
with shares exceeding the legal fractions.
3°) The chairman, members
of the board and directors of a company which failed to
make the declaration when required may be requested to pay
a fine of FRF 120.000.
|
| Germany |
Breach of obligation to notify follows:
- The prohibition to perform the rights connected with
the stack of shares until a report is made *).
|
| Greece |
-in
construction- |
| Hungary |
-in
construction- |
| Republic
of Latvia |
- If an investor fails to provide the
joint-stock company with the report within the time limits
- prohibition to make use of voting rights which such
holdings would have otherwise entitle the person to, over
and above the voting rights permitted by the provisions
of the relevant articles;
- If a participant in the securities
market requiring a special permit license has started
operations in the securities market without it - a fine
in the amount of 200 minimal monthly wages, suspending
participation in securities market until a special permit
license has been received and, if possible, reversion
to the "status quo" as prevailed before the
person in question concluded the securities transactions;
- If an investor does not notify the
Commission about acquiring securities in the amount and
due time described above, or submits incorrect information:
upon a legal entity - a fine in the amount of 200 minimal
monthly wages, a natural person - a fine in accordance
with the Latvian Code of Administrative Violations; if
the above mentioned provisions are violated repeatedly
- prohibition to perform transactions with securities
in public circulation for up to 3 years or other sanctions
anticipated in legislative acts.
|
| Liechtenstein |
Fine
imposed by the Liechtenstein government up to CHF 2,000.000,--.
|
| The
Netherlands |
1. Breach of obligation to report is a
criminal offence:
-natural person: imprisonment
up to 2 years or fine up to NLG 25.000,-;
- legal person: fine up to NLG 100.000,--.
2. The
civil court with jurisdiction may
take certain measures.
|
| Norway |
-in
construction- |
| Poland |
-in
construction- |
| Portugal |
-in
construction- |
| Spain |
Breach of obligation
to notify, or a delay of seven days or more, may be considered
a very serious or serious infringement (§§ 99.p and 100.j
of the Securities Market Act).
One or several of the
following sanctions may be imposed when a very serious infringement
has been committed (§ 102 of the Securities Market Act):
- Suspension or reduction of the securities
markets transactions which the infringer may carry out
for a period not exceeding five years.
- Suspension of the membership of the
relevant stock exchange for a period not exceeding five
years.
- Revocation of the administrative
authorisation in those cases where the infringer is a
Securities Company or Agency, a Portfolio Management Company
or a Managing Entity of the Public Debt Market.
- Economic fine.
The commission of a
serious infringement may be sanctioned with one or several
of the following sanctions (§ 103 of the Securities Market
Act):
- Admonishment published on the Official
Gazette of the Spanish State.
- Economic fine.
- Suspension or reduction of the securities
markets transactions which the infringer may carry out
for a period not exceeding one year.
- Suspension of the membership of the
relevant stock exchange for a period not exceeding one
year.
|
| Switzerland |
Whosoever
intentionally fails to notify a qualified shareholding in
a listed company, shall be punished with a fine, which amount
shall not be more than double purchase price or the sale proceeds.
The amount of the fine shall be calculated based upon the
difference between the new shareholding held by the person
who is subject to an obligation to notify and the last shareholding
declared. |
| United
Kingdom |
Breach
of obligation to notify may incur:-
- up to two years imprisonment
- up to statutory maximum as a fine
(Sch 24 of CA 1985) - (£5,000)
- restrictions in dealing with the
shares in question including:
-share transfers void;
-no voting rights;
-no dividends paid;
- order of court to sell shares
|