Thursday June 14 2012

News Source: Global Disclosures

Focus: Short Selling

Type: Correspondence with Regulators

Country: Germany




The German Regulator, BaFin Germany, has provided the following details regarding its MVP Portal:

“I would like to advise you that new functions have been added on MVP Portal which are available from now on.

It is now possible to change both user data and e-mail-address you used to sign in to MVP Portal.

Please check the address provided for your user account in the capacity as a contact person (employee) of a company and change the data, if necessary. If you are a contact person of a company the company e-mail address has to be entered.

An external test procedure enables now to submit external test notifications via all reporting channels (form, webservice, XML-upload). This is necessary to set up an automated interface. Furthermore you can now use the XML-file-upload.

Should you require further information, please contact mvp-support@bafin.de

Also the menu item “View Journal”, which offers the possibility of keeping track of what notifications you have already transmitted to BaFin under the specialized procedure “net short positions” and of what processing status such notifications have reached was updated and provides from now on more detailed information on the type of the notification and possible errors.

Please note that by completion of the form for notification/notification after cancellation with “Number of shares issued (basis of calculation for the net short position)” the total number of shared issued of all classes by the issuer (especially ordinary shares and preference shares) must be reported because this is has to be used as basis of calculation for the net short position. At this position in the form it is not correct to report the number of shares that is the calculation result for the net short positions held.

To determine the total number of shares of all classes information provided by the issuer are the decisive criterion.

Please check your notifications in relation to the correct number of issued shares and especially check the amount of your net short position in regard of correctness. In case of a wrong reporting each notification has to be cancelled (therefore please use form “Cancellation of a notification”) an the corrected notification has to be submitted (therefore please use form “Notification after cancellation”). A not submitted notification which is not correct, is an administrative offense also.”