FINANCIAL COMMUNICATION: FRAMEWORK AND PRACTICES - 2019 EDITION

136 The following persons are required to draw up such a list: n issuers who have requested or approved trading of their financial instruments on a regulated market in a Member State; n issuers who have requested or approved trading of their financial instruments on a multilateral trading facility (MTF) in a Member State in the case of an instrument only traded on an MTF; n issuers who have requested or approved trading of their financial instruments on an organised trading facility (OTF) in a Member State in the case of an instrument only traded on an OTF; and n any person acting on behalf or on the account of such issuers. Article 18 of the Market Abuse Regulation and Implementing Regulation (EU) no. 2016/347 of March 10, 2016 made significant changes to the rules governing insider lists and expanded the list of information that must be included in these lists. In addition to the identity of the person, the reason for including that person in the insider list and the date on which the insider list was drawn up and updated, it must now indicate: n the date and time at which the persons in question obtained access and ceased to have access to insider information; n the insider’s first name, surname and birth surname (if different); n the insider’s date of birth; n the insider’s national identification number (not applicable in France); n the insider’s home address; n the name and address of the company where the insider is employed; n the insider’s professional telephone number (direct telephone line and mobile numbers); n the insider’s private home and personal mobile telephone number(s); n the insider’s function and reason for being an insider; n the date of transmission to the AMF. The insider list is divided into separate sections, each relating to different insider information. A separate section entitled “permanent insiders section” may also be inserted, specifically listing the individuals who have access at all times to all insider information in the issuer’s possession. The details of the persons included in this section shall not be included in the other sections of the insider list. Annex I to Implementing Regulation (EU) no. 2016/437 of March 10, 2017 provides model templates that insider lists should now follow. The persons included in the list must acknowledge, in writing, that they have been informed of their statutory and regulatory obligations, as well as the applicable penalties, resulting from their inclusion on the list.

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