The European Securities and Markets Authority (ESMA) has updated today its Questions & Answers (Q&As) regarding the implementation of the Market Abuse Regulation (MAR).
The updated Q&As deals with the question whether the «announcement» of the interim or year-end financial results determines the timing of the closed period referred to in Article 19(11) of Regulation (EU) No 596/2014 (MAR). ESMA clarified that according to MAR, there should be only one closed period relating to the announcement of every interim financial report and another relating to the year-end report.
The term «announcement» of an interim or a year–end financial report used in Article 19(11) of MAR is the public statement whereby the issuer announces the information included in an interim or a year-end financial report that the issuer is obliged to make public according to the rules of the trading venue where the issuer’s shares are admitted to trading or national law. The date when the «announcement» is made is the end date for the thirty-day closed period.
With particular reference to the year-end financial report, the «announcement» is the public statement whereby the issuer announces, in advance to the publication of the final year-end report, the preliminary financial results agreed by the management body of the issuer and that will be included in that report. This can apply only if the disclosed preliminary financial results contain all the key information relating to the financial figures expected to be included in the year-end report. In the event the information announced in such way changes after its publication, this will not trigger another closed period but should be addressed in accordance with Article 17 of MAR.
In any case, persons discharging managerial responsibilities remain subject at all times to Articles 14 and 15 of MAR prohibiting insider dealing and attempted insider dealing, unlawful disclosure of inside information, as well as market manipulation and attempted market manipulation.