Obligors to notify significant holdings or Voting Rights (Articles 9, 10 and 11 of Law 3556/2007)
6 December 2017Sanctions
6 December 20171. Obligors are required to notify significant changes in the voting rights of the company they own, simultaneously with the Company and the HCMC, as soon as possible and in any event within 3 trading days at the latest (according to the Trading Days calendar, www.hcmc.gr), the first of which is the day after the date on which the shareholder or the liable person:
(i). be informed of the acquisition or disposal or the possibility of exercising voting rights, or
(ii) having regard to the circumstances, he should have been informed of the acquisition or disposal or the right to exercise voting rights, irrespective of the date on which the acquisition or disposal of voting rights is exercised or made possible;
(iii) is informed of an event referred to in paragraph 3 of Article 9.
To the extent that the above information can be considered privileged, the obligors must exercise due diligence in monitoring the orders they have given for execution of the transactions and take the necessary measures to be informed in due time if they are executed or not and accordingly proceed with their notification.
2. The information of the Company and the Hellenic Capital Market Commission must include the following information:
i. the percentage of the rights held as a result of the acquisition or disposal,
ii. the chain of controlled undertakings through which the voting rights are essentially held, if any,
iii. the date on which the percentage of voting rights has reached, exceeded or fell below the above limits; and
iv. the identity of the shareholder, even if he is not entitled to exercise voting rights, and the person entitled to exercise voting rights on behalf of that shareholder.
3. The aforementioned information of the company and of the Hellenic Capital Market Commission is made by submitting the relevant Form for the Notification of significant changes in holdings and voting rights (see template below or on the website of the Hellenic Capital Market Commission www.cmc.gov.gr) in Greek and English. The model is accompanied by an Annex, which is filled in by the persons with their personal data and is submitted only to the Hellenic Capital Market Commission. When completing the appendix, it is recommended to refer, in addition to the name of the obligor mentioned above.
4. The obligor is liable for any errors or omissions and in any case for the correct completion of the Form.
5. The Form must be submitted to the Company and the HCMC legally signed. Legally signed shall be the Form bearing the signature of the debtor or other person legally authorized by the obligor. If the obligor is a legal entity, the Form is signed by its legal representative and the relevant legal documents are submitted to the company and to the Hellenic Capital Market Commission and are valid from now on until their recall
6. The legally signed notification Form shall be submitted:
i. at the offices of the Company c/o Shareholders’ Department (tel: +30 2310572000), during the working days and hours, with the words “Notification of significant changes in voting rights according to Law 3556/2007”. To facilitate shareholders, shipping can be done by fax number: +30 2310572072 after prior telephone contact with the Shareholder Service Department.
ii. at HCMC(Kolokotroni 1 & Stadiou, 105 62 Athens) and is addressed to the Public Enforcement and Supervision Department of Listed Companies with the indication “Notification of significant changes in voting rights according to Law 3556/2007”. The notification is also sent by fax to +30 210 3377243, accompanied by a consignment note, which must contain the sender’s details, his signature, a telephone number and the number of pages sent. The debtor must ensure that documents are successfully sent and received by the competent protocol service.
7. It is noted to the parties that the competent authority for the supervision of information obligations is the HCMC.