2016-01-01
The Egyptian Financial Supervisory Authority issued Decision No. (47) of 2016 to amend the Egyptian Exchange's Rules for Listing and Delisting Securities. The decision expands mandatory disclosure requirements by establishing a 2% of shareholders' equity threshold for reporting binding financial judgments and lawsuits, and mandates immediate notification of the Exchange regarding court rulings imposing imprisonment on issuers' board members or senior executives. These amendments take effect the day after publication in the Egyptian Official Gazette and are to be enforced by the Exchange and relevant Authority departments.
Egyptian Financial Supervisory Authority
Dated 24/4/2016
Amending Decision of the Board of Directors of the Authority No. (11) of 2014
Regarding the Rules for Listing and Delisting Securities at the Egyptian Exchange
The Board of Directors of the Egyptian Financial Supervisory Authority,
Having reviewed the Law on Joint Stock Companies, Companies Limited by Shares, and Limited Liability Companies issued under Law No. (159) of 1981 and its Executive Regulations;
And the Capital Market Law issued under Law No. (95) of 1992 and the decisions issued in implementation thereof;
And the Law on Central Deposit and Registration of Securities issued under Law No. 93 of 2000 and its Executive Regulations;
And Law No. (10) of 2009 on regulating supervision over non-banking financial markets and instruments;
And Presidential Decree No. (191) of 2009 on the provisions governing the management and financial affairs of the Egyptian Exchange;
And the Statutes of the Egyptian Financial Supervisory Authority issued by Presidential Decree No. (192) of 2009;
And Decision of the Board of Directors of the Authority No. (11) of 2014 regarding the Rules for Listing and Delisting Securities at the Egyptian Exchange and its amendments;
And upon the approval of the Board of Directors of the Authority in its meeting held on 24/4/2016:
Paragraph (2) of Article (28), and Paragraph (h) of Article (34) of the Rules for Listing and Delisting Securities at the Egyptian Exchange are replaced as follows:
2- Notify the Exchange immediately upon the issuance of binding judgments or court rulings at any stage of litigation regarding those rulings that affect its financial position or the rights of its security holders, or that may impact trading prices or the investment decisions of market participants, provided that notification regarding rulings involving the payment of a monetary amount or the forfeiture thereof applies only to amounts exceeding 2% of the entity's shareholders' equity according to the latest approved financial statements (annual or quarterly).
h- Filing a lawsuit or arbitration against the company concerning its delisting, one of its shares, or other assets owned by it, where the value exceeds 2% of the company's shareholders' equity according to the company's latest approved financial statements (annual or quarterly).
Paragraph (4) is added to Article (28), and Paragraph (k) is added to Article (34) of the Rules for Listing and Delisting Securities at the Egyptian Exchange, as follows:
4- Notify the Exchange immediately upon the issuance of a court ruling imposing an imprisonment sentence against any member of the board of directors of the issuing entity or any of its senior executives.
k- Filing a lawsuit against any member of the company's board of directors or any of its senior executives regarding matters concerning the company and linked to alleged violations by any of them.
This Decision shall be published in the Egyptian Official Gazette and on the websites of the Authority and the Egyptian Exchange, and shall take effect from the day following its publication in the Egyptian Official Gazette. The Egyptian Exchange and the relevant departments of the Authority shall implement it according to their respective competencies.
Chairman of the Board of Directors
Sherif Samy
Egyptian Financial Supervisory Authority
Office of the Chairman
46076
Al-Dua Al-Sa'eeda, Building 136, B, Giza
11 Al-Mansouria Towers - Al-Bahr Al-Azam St. - Giza
28 Talaat Harb St. - Cairo
20 Imad El-Din St. - Cairo
Postal Code: 11757
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Postal Code: 25450
Postal Code: 11111
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