COMMISSION IMPLEMENTING REGULATION (EU) 2016/959
of 17 May 2016
laying down implementing technical standards for market soundings with regard to the systems and notification templates to be used by disclosing market participants and the format of the records in accordance with Regulation (EU) No 596/2014 of the European Parliament and of the Council
(Text with EEA relevance)
Article 1
Electronic format for the records
Article 2
Format for the record keeping of the written minutes or notes
Article 3
Format for the record keeping of the data regarding potential investors
Article 4
Format for communicating and recording that the information has ceased to be inside information
Article 5
Entry into force
ANNEX I
Template for the written minutes and notes referred to in Article 6(2)(d) of Delegated Regulation (EU) 2016/960 where inside information is disclosed
Item |
Text field |
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Full names of the disclosing market participant and of the person within the disclosing market participant providing the information and the contact details used for the communication. |
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Full name of the person receiving the communication and the contact details used for the communication. |
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Date and time(s) of the communication specifying the time zone. |
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Record of the statement that the communication takes place for the purposes of a market sounding. |
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Record of the information about the confirmation from the contacted person that the disclosing market participant is communicating with the person entrusted by the potential investor to receive the market sounding. |
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Record of the statement clarifying that, if agreeing to receive the market sounding, the person receiving the communication of information will receive information which the disclosing market participant considers to be inside information and a reference to the obligation set forth in Article 11(7) of Regulation (EU) No 596/2014. |
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Record of the information given, if any, on the estimated time when the information is expected to be made public or the transaction launched, with an explanation of why this may be subject to change and how the person receiving the market sounding will be informed in case the estimated time is no longer valid. |
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Record of the statement explaining to the person receiving the communication the obligations that apply to the possession of inside information, in accordance with points (b), (c) and (d) of subparagraph 1 of Article 11(5) of Regulation (EU) No 596/2014. |
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Record of the information about the consent of the person receiving the market sounding to receive the inside information, as referred to in point (a) of subparagraph 1 of Article 11(5) of Regulation (EU) No 596/2014 (request and reply). |
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Description of the information disclosed for the purposes of the market sounding, identifying the information considered to be inside information. |
ANNEX II
Template for the written minutes and notes referred to in Article 6(2)(d) of Delegated Regulation (EU) 2016/960 where no inside information is disclosed
Item |
Text field |
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Full names of the disclosing market participant and of the person within the disclosing market participant providing the information and the contact details used for the communication. |
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Full name of the person receiving the communication and the contact details used for the communication. |
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Date and time(s) of the communication specifying the time zone. |
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Record of the statement that the communication takes place for the purposes of a market sounding. |
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Record of the information about the confirmation from the contacted person that the disclosing market participant is communicating with the person entrusted by the potential investor to receive the market sounding. |
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Record of the statement clarifying that, if agreeing to receive the market sounding, the person receiving the communication of information will receive information which the disclosing market participant does not consider inside information and a reference to the obligation set forth in Article 11(7) of Regulation (EU) No 596/2014. |
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Record of the information about the consent of the person receiving the market sounding to proceed with the market sounding (request and reply). |
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Description of the information disclosed for the purposes of the market sounding. |
ANNEX III
Template for recording the communication given in accordance with the first subparagraph of Article 11(6) of Regulation (EU) No 596/2014 to inform the person having received the market sounding that the information disclosed has ceased to be inside information
Item |
Text field |
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Full names of the disclosing market participant and of the person within the disclosing market participant providing the information and the contact details used for the communication. |
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Full name of the person receiving the communication and the contact details used for the communication. |
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Date and time(s) of the communication specifying the time zone. |
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Information to identify the transaction that was subject to the market sounding. It may include information about the type of transaction, e.g. IPO, secondary offer, merger, block trade, private placement, share capital increase. |
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Information about the date and time when the inside information was disclosed as part of the market sounding. |
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Statement to inform the market sounding recipient of the fact that the information disclosed has ceased to be inside information. |
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The date when the information disclosed as part of the market sounding ceased to be inside information. |